justicedao/ipfs_state_laws huggingface dataset:
877-030-0080 Administrators, Supervisors, and Teachers of Clinical Practice (1) A regulated social worker serving as an administrator, supervisor, or teacher must promote conditions that foster and support ethical and competent professional performance. (2) Clinical social workers in the role of administrator, supervisor, or teacher may not, under any circumstances, engage in a sexual relationship with a supervisee or student. (3) Clinical social workers in the role of administrator, supervisor, or teacher may not enter into a therapeutic relationship with any employee, supervisee, or student. (4) Clinical social workers in the role of administrator, supervisor, or teacher must explicitly define the conditions of their professional relationship to their supervisees or students. (5) Clinical social workers as an employer, or in the role of administrator, supervisor, or teacher, must support and emphasize the need for formulation, development, enactment, and implementation of policies and agency rules which provide for safeguarding the rights of clients. (6) Clinical social workers as employer, or in the role of administrator, supervisor, or teacher, bear the ethical responsibility for persons practicing under their direct supervision who are not regulated by professional registration, certification, or license. Statutory/Other Authority: ORS 675.510 - 675.600 & 675.900 Statutes/Other Implemented: ORS 675.510 - 675.600 & 675.900 History: BLSW 3-2010, f. 12-15-10, cert. ef. 1-1-11 BCSW 1-2001, f. & cert. ef. 5-4-01 BCSW 1-1997, f. & cert. ef. 3-25-97 BCSW 1-1994, f. & cert. ef. 2-17-94 BCSW 2-1993, f. & cert. ef. 10-13-93, Renumbered from 877-030-0015 BCSW 2-1991, f. & cert. ef. 5-30-91 BCSW 1-1986, f. & ef. 7-7-86 BCSW 1-1982, f. & ef. 1-29-82
877-030-0090 General Provisions Governing Conduct (1) A regulated social worker must cooperate with the Board, its investigators, and its committees in investigations made under OAR Chapter 877. (2) A regulated social worker must fully comply with a final order issued to the regulated social worker by the Board. (3) A regulated social worker must in connection with the practice of social work fully comply with Executive Orders issued by the Governor during a declared disaster or emergency. Statutory/Other Authority: ORS 675.510 - 675.600 & 675.900 Statutes/Other Implemented: ORS 675.595 History: BLSW 8-2020, amend filed 09/23/2020, effective 09/24/2020 BLSW 3-2020, temporary amend filed 03/30/2020, effective 03/31/2020 through 09/25/2020 BLSW 3-2010, f. 12-15-10, cert. ef. 1-1-11 BCSW 2-2005, f. & cert. ef. 12-22-05 BCSW 1-2001, f. & cert. ef. 5-4-01 BCSW 2-1993, f. & cert. ef. 10-13-93
877-030-0100 Retention of Client Records; Disposition of Client Records in Case of Death or Incapacity of Licensee (1) In this rule, “client record” means information maintained in a written or electronic form regarding treatment or billing of a client. (2) A regulated social worker who serves clients outside of an agency setting must ensure that a client record is maintained for each such client and that all client records are legible and are kept in a secure, safe, and retrievable condition. At a minimum, a client record must include an assessment of the client, a treatment or intervention plan, and progress notes of therapy sessions, all of which should be recorded concurrently with the services provided. (3) Retention of records. A regulated social worker must retain a client record for seven years from the date of the last session with the client. (4) A regulated social worker in private practice must make necessary arrangements for the maintenance of and access to client records that ensure the clients’ right to confidentiality in the event of the death or incapacity of the licensee. In regard to this requirement: (a) The regulated social worker must name a qualified person or appropriately qualified records management company to intercede for client welfare and to make necessary referrals, when appropriate. (b) The regulated social worker must keep the board informed of the name of the qualified person or records management company. (c) The board will not release the name of the qualified person or records management company except in the following cases: (A) The death or incapacity of the regulated social worker (B) A client is unable to locate the regulated social worker. (5) To be a qualified person under this rule a person must be a Licensed Clinical Social Worker or other licensed mental health professional licensed under Oregon law or a certified alcohol and drug abuse counselor. Statutory/Other Authority: ORS 675.510 - 675.600 & 675.900 Statutes/Other Implemented: ORS 675.595 History: BLSW 3-2010, f. 12-15-10, cert. ef. 1-1-11 BCSW 1-2009, f. 6-15-09, cert. ef. 7-1-09 BCSW 2-2005, f. & cert. ef. 12-22-05
877-040-0000 Management of Complaints (1) The board intends to provide fair, expeditious response to complaints. (2) A board member who is unable to render an impartial, objective decision regarding a complaint must abstain from participating in the preparation, hearing, deliberation and disposition of the complaint. An abstention is effective at the time a board member announces a decision not to participate. (3) A board member who is a complainant or respondent in a complaint is disqualified from participating in the preparation, hearing, deliberation and disposition of the complaint. (4) The board may initiate a complaint. (5) The Consumer Protection Committee oversees investigations of complaints received by the board. The committee may conduct investigations, prepare reports, require evaluations, and negotiate proposed agreements and may perform other duties prescribed by the board. In carrying out these duties, the committee may assign to the board’s staff the duties of conducting investigations and preparing reports. Subject to the approval of the committee, the board Executive Director may assist in negotiating a proposed agreement with a respondent. (6) If the complainant is a client or former client of the respondent, the complainant must sign a waiver of confidentiality granting the board and its counsel access to records and other materials that are the ethical and legal responsibility of the respondent. Refusal by a complainant to comply with this requirement may result in the dismissal of the complaint. Statutory/Other Authority: ORS 675.510 - 675.600, 675.900 & 675.990 Statutes/Other Implemented: ORS 675.595(2) History: BLSW 3-2010, f. 12-15-10, cert. ef. 1-1-11 Reverted to BCSW 1-2009, f. 6-15-09, cert. ef. 7-1-09 BLSW 2-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10 BCSW 1-2009, f. 6-15-09, cert. ef. 7-1-09 BCSW 1-1999, f. & cert. ef. 4-9-99 BCSW 1-1997, f. & cert. ef. 3-25-97 BCSW 1-1986, f. & ef. 7-7-86 BCSW 1-1982, f. & ef. 1-29-82
877-040-0003 Definitions The following definitions apply in this division of rules: (1) “Complainant” — A person or group of persons who files a complaint or the Board for Board-initiated complaints. (2) "Complaint" — A report or an allegation that a person regulated by the board has committed an act that could subject the person to discipline under ORS 675.540 or is impaired. A complaint should specifically describe the conduct complained of to the best of the ability of the complainant (3) “Consumer Protection Committee” — A committee of one or more board members assigned by the board to fulfill specified functions related to complaints. There may be more than one Consumer Protection Committee. (4) “Impairment” — an inability to practice with reasonable competence and safety due to the habitual or excessive use of drugs or alcohol, other chemical dependency or a mental health condition. (5) “Respondent” — A person regulated by the board against whom a complaint is filed. (6) “Social work” in ORS 675.540(1)(c) and (1)(d) means “clinical social work” as defined in ORS 675.510(2). Statutory/Other Authority: ORS 675.510 - 675.600, 675.900 & 675.990 Statutes/Other Implemented: ORS 675.595 History: BLSW 3-2010, f. 12-15-10, cert. ef. 1-1-11 Reverted to BLSW 1-2010, f. & cert. ef. 1-15-10 BLSW 2-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10 BLSW 1-2010, f. & cert. ef. 1-15-10 BCSW 1-2009, f. 6-15-09, cert. ef. 7-1-09 BCSW 1-2001, f. & cert. ef. 5-4-01 BCSW 1-1997, f. & cert. ef. 3-25-97 BCSW 2-1991, f. & cert. ef. 5-30-91 BCSW 1-1986, f. & ef. 7-7-86
877-040-0010 Form of Complaints Any person may file a complaint alleging a violation of ORS 675.510 to 675.600 or of the rules of the board or an impairment. A complaint must identify the complainant and the respondent. Statutory/Other Authority: ORS 675.510 - 675.600, 675.900 & 675.990 Statutes/Other Implemented: ORS 675.595(11) History: BLSW 3-2010, f. 12-15-10, cert. ef. 1-1-11 Reverted to BCSW 1-2009, f. 6-15-09, cert. ef. 7-1-09 BLSW 2-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10 BCSW 1-2009, f. 6-15-09, cert. ef. 7-1-09 BCSW 1-1999, f. & cert. ef. 4-9-99 BCSW 1-1986, f. & ef. 7-7-86 BCSW 1-1982, f. & ef. 1-29-82
877-040-0015 Notification to Respondent (1) The Consumer Protection Committee may send a letter to the respondent stating the nature of the investigation and, if appropriate, an authorization to release confidential records. The committee will ask the respondent to provide a written reply within 30 days together with documents the respondent considers relevant. (2) If the respondent replies to the request of the board, the reply is reviewed by the Consumer Protection Committee. The committee may ask for additional or more specific information. Statutory/Other Authority: ORS 675.510 - 675.600, 675.900 & 675.990 Statutes/Other Implemented: ORS 675.595(11) History: BCSW 1-2009, f. 6-15-09, cert. ef. 7-1-09 BCSW 2-2005, f. & cert. ef. 12-22-05 BCSW 1-1999, f. & cert. ef. 4-9-99 BCSW 1-1997, f. & cert. ef. 3-25-97 BCSW 1-1986, f. & ef. 7-7-86 BCSW 1-1982, f. & ef. 1-29-82
877-040-0016 Reporting Possible Prohibited Conduct to Law Enforcement Agency (1) If, during the investigation of a complaint, a member of the Consumer Protection Committee or any board member believes a respondent has engaged in prohibited conduct, the committee or member must refer the case as soon as practicable to the board for its review. The board will review the case not later than the next regularly scheduled board meeting and will determine whether it has reasonable cause to believe that the respondent has engaged in prohibited conduct. (2) If the board concludes there is reasonable cause to believe that the respondent has engaged in prohibited conduct, the board will present the facts to an appropriate law enforcement agency within 10 working days. (3) In this rule, the term “prohibited conduct” has the same meaning given to it in section 1 (1)(c), chapter 536, Oregon Laws 2009. “Prohibited conduct” means conduct by a licensee that: (a) Constitutes a criminal act against a patient or client; or (b) Constitutes a criminal act that creates a risk of harm to a patient or client.” The term “licensee” in the definition includes all regulated social workers. Statutory/Other Authority: ORS 675.510 - 675.600 Statutes/Other Implemented: ORS 675.510 - 675.600 History: BLSW 1-2010, f. & cert. ef. 1-15-10
877-040-0019 Procedure for Investigation of Alleged Impairment (1) On its own motion or upon complaint by any person the board may require a regulated social worker to undergo evaluation to determine if the person has an impairment. (2) In order to determine whether a regulated social worker has an impairment, the board may require the person: (a) To cooperate with an evaluation ordered by the board. (b) To sign a release allowing the board to fully communicate with any treatment program or evaluator to obtain any evaluation respondent has undergone prior to or during the investigation by the board of the alleged impairment. Statutory/Other Authority: ORS 675.510 - 675.600, 675.532 - 675.533, SB 177(2009) & HB 2345(2009) Statutes/Other Implemented: ORS 675.571, 675.532, 675.533, 675.990 - 675.994 & 675.150 History: BLSW 3-2010, f. 12-15-10, cert. ef. 1-1-11
877-040-0045 Stipulated Agreement In the event the Consumer Protection Committee submits a proposed stipulated agreement to the board for consideration, the board may: (1) Determine that approval is warranted and authorize the Chair or the board's designee to sign the agreement on behalf of the board; (2) Determine that approval is not warranted; (3) Direct the Consumer Protection Committee to renegotiate the agreement; or (4) Take any other action authorized by law. Statutory/Other Authority: ORS 675.510 - 675.600, 675.900 & 675.990 Statutes/Other Implemented: ORS 675.595 History: BCSW 1-2009, f. 6-15-09, cert. ef. 7-1-09 BCSW 1-2001, f. & cert. ef. 5-4-01 BCSW 1-1997, f. & cert. ef. 3-25-97 BCSW 1-1986, f. & ef. 7-7-86
877-040-0050 Contested Case Hearing When the board takes disciplinary action, the board will place notice of this action in the Directory of Regulated Social Workers. The board will also provide notice of the action to the Oregon Chapter of the National Association of Social Workers (NASW), the Oregon Society of Clinical Social Workers (OSCSW), and to the Association of Social Work Boards (ASWB) Disciplinary Action Reporting System (DARS). [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 675.510 - 675.600, 675.900 & 675.990 Statutes/Other Implemented: ORS 675.595 History: BLSW 2-2011, f. & cert. ef. 12-29-11 BLSW 1-2011(Temp), f. & cert. ef. 7-5-11 thru 12-31-11 BLSW 3-2010, f. 12-15-10, cert. ef. 1-1-11 BCSW 1-2009, f. 6-15-09, cert. ef. 7-1-09 BCSW 2-2005, f. & cert. ef. 12-22-05 BCSW 1-2001, f. & cert. ef. 5-4-01 BCSW 1-1995, f. 6-26-95, cert. ef. 7-1-95 BCSW 2-1993, f. & cert. ef. 10-13-93 BCSW 2-1991, f. & cert. ef. 5-30-91 BCSW 1-1986, f. & ef. 7-7-86
918-001-0000 Notice of Proposed Rules Before the adoption, amendment or repeal of any rule in OAR chapter 918, except temporary rules adopted under ORS 183.335, the Building Codes Division shall give notice of the intended action: (1) In the Secretary of State’s Bulletin referred to in ORS 183.360 at least 21 days before the effective date of the rule; (2) By mailing a copy of the notice to persons and organizations on the division’s mailing lists established pursuant to ORS 183.335(8) at least 28 days before the effective date of the rule; (3) By mailing or furnishing a copy of the notice to: (a) The Associated Press; and (b) The Capitol Press Room. Statutory/Other Authority: ORS 455.110 Statutes/Other Implemented: ORS 183.335 History: BCD 18-2004, f. 9-30-04, cert. ef. 10-1-04 BCD 26-1996, f. & cert. ef. 12-4-96 BCA 20-1989, f. & cert. ef. 8-1-89
918-001-0005 Definitions As used in OAR chapter 918, unless the context requires otherwise: (1) “Administrator” means the Administrator of the Building Codes Division. (2) “Department” means the Department of Consumer and Business Services. (3) “Division” means the Building Codes Division. (4) “Model Rules” means the Attorney General’s Model Rules of Procedure as adopted in OAR 918-001-0010. Statutory/Other Authority: ORS 455.110 Statutes/Other Implemented: ORS 192.440 History: BCD 1-1998, f. 1-28-98, cert. ef. 4-1-98 BCA 20-1989, f. & cert. ef. 8-1-89
918-001-0010 Model Rules of Procedure The Director adopts by reference the Attorney General's Model Rules for rulemaking, OAR 137-001-0005 through 137-001-0100, effective January 1, 2012. [ED. NOTE: The full text of the Attorney General's Model Rules of Procedure is available from the office of the Attorney General or Building Codes Division.] Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.341 History: BCD 2-2013, f. 3-1-13, cert. ef. 4-1-13 BCD 7-2008, f. & cert. ef. 3-18-08 BCD 2-2006, f. & cert. ef. 2-13-06 BCD 18-2004, f. 9-30-04, cert. ef. 10-1-04 BCD 32-2002, f. 12-20-02 cert. ef. 1-1-03 BCD 21-2000, f. & cert. ef. 9-19-00 BCD 8-1998, f. & cert. ef. 6-2-98 BCD 5-1996, f. & cert. ef. 3-29-96 BCD 12-1994, f. & cert. ef. 4-29-94 BCA 32-1993, f. 12-14-93, cert. ef. 1-1-94 BCA 20-1989, f. & cert. ef. 8-1-89
918-001-0012 Hearing Exhibits and Witness Lists At least 14 calendar days prior to a contested case hearing for which there are no prehearing conferences, the Division or appropriate advisory board and the parties shall exchange exhibits and a list of witnesses, and shall provide copies to the Office of Administrative Hearings. Failure to provide exhibits and a list of witnesses at least 14 calendar days prior to hearing may result in the exclusion of exhibits or witnesses at the hearing. Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.341 History: BCD 4-2017, f. 3-31-17, cert. ef. 4-1-17
918-001-0014 Written Exceptions Written exceptions to proposed orders must be received by the Division or appropriate advisory board within 20 calendar days after the service date of the proposed order. Written exceptions shall be sent to: Building Codes Division, Enforcement and Licensing, PO Box 14470, Salem, Oregon 97309-0404. Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.341 History: BCD 4-2017, f. 3-31-17, cert. ef. 4-1-17
918-001-0016 Board Issuance of Final Orders OAR 137-003-0655(7) shall not apply to contested cases brought under the authority of a advisory board. For such cases, the appropriate advisory board shall consider the proposed order at the next board meeting following the issuance of the proposed order. An amended proposed order or a final order shall be issued within 90 calendar days after the board meeting at which the board considers the proposed order, unless the appropriate advisory board gives written notice to the administrative law judge and all other parties of the date by which it expects to issue an amended proposed order or a final order. Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.341 History: BCD 4-2017, f. 3-31-17, cert. ef. 4-1-17
918-001-0025 Division Representation by Authorized Officer or Employee at Contested Case Hearings (1) Subject to the approval of the Attorney General, an employee of the Building Codes Division authorized by the Administrator may appear on behalf of the division, pursuant to ORS 183.452, at the following types of contested case hearings: (a) Civil penalty hearings; (b) Hearings held on appeals made to the division under ORS 479.853 by persons aggrieved by a decision made upon inspection authority under ORS 455.148 to 455.150 or 479.510 to 479.945 of an electrical product or electrical installation; (c) License and certification denial hearings under ORS 455.117 and the rules adopted thereunder, and ORS 455.125 and 455.129; and (d) License discipline hearings for cases involving conditioning of a license or certification, license disqualifications, or suspensions of up to one year under ORS 455.125, 455.127, or 455.129. (2) The administrative law judge shall not allow a division representative appearing under section (1) or (2) of this rule to present legal argument as defined in this rule. (a) “Legal Argument” includes arguments on: (A) The jurisdiction of the division to hear the contested case; (B) The constitutionality of a statute or rule or the application of a constitutional requirement to a division; (C) The application of court precedent to the facts of the particular contested case proceeding. (b) “Legal Argument” does not include presentation of motions, evidence, examination and cross-examination of witnesses or presentation of factual arguments or arguments on: (A) The application of the statutes or rules to the facts in the contested case; (B) Comparison of prior actions of the division in handling similar situations; (C) The literal meaning of the statutes or rules directly applicable to the issues in the contested case; (D) The admissibility of evidence; and (E) The correctness of procedures being followed in the contested case hearing. (3) If the administrative law judge determines that statements or objections made by the division representative appearing under section (1) or (2) involve legal argument as defined in this rule, the administrative law judge shall provide reasonable opportunity for the division representative to consult the Attorney General and permit the Attorney General to present argument at the hearing or to file written legal argument within a reasonable time after conclusion of the hearing. Statutory/Other Authority: ORS 183.450 Statutes/Other Implemented: ORS 183.452 History: BCD 15-2025, amend filed 12/29/2025, effective 01/01/2026 BCD 4-2014, f. & cert. ef. 3-24-14 BCD 26-1996, f. & cert. ef. 12-4-96 BCA 21-1989, f. 7-19-89, cert. ef. 8-1-89 BCA 12-1989(Temp), f. & cert. ef. 5-5-89
918-001-0031 Extension of Time Limits Created in Administrative Rules (1) The Building Codes Division may extend specified time requirements stated in ORS Chapter 183 if the person seeking the extension shows good cause for failing to meet the time requirement stated by the applicable rule. A request for an extension of any time requirement must be submitted in writing within a reasonable time. (2) Definitions. For the purposes of subsection (1) of this rule: (a) "Good cause" exists when the person seeking the extension establishes by satisfactory evidence that the cause of the failure to meet the time requirement stated by the applicable rule was beyond his or her reasonable control. (b) "Reasonable time" means that the person acted promptly in filing the request for extension after the cessation of the circumstances that prevented him or her from meeting the time requirement stated by the applicable rule. Statutory/Other Authority: ORS 183.415 Statutes/Other Implemented: ORS 183.415 History: BCD 8-2004, f. 6-21-04, cert. ef. 7-1-04
918-001-0034 Disqualification from Obtaining License, Registration, Certificate, or Certification (1) Disqualification under ORS 455.127(2) shall be for a period of five years except as provided in subsection (2) of this rule. (2) The Director of the Department of Consumer and Business Services or an appropriate advisory board may, in its discretion, order a disqualification fewer than five years. In doing so the Director of the Department of Consumer and Business Services or appropriate advisory board may, but is not required to, consider any mitigating factors. (3) Subject to ORS Chapter 183, a regulatory body listed in ORS 455.129(3) may deny a license, certificate, registration, or application, or may suspend, revoke, condition, or refuse to renew a license, certificate, or registration if the regulatory body finds that the licensee, certificate holder, registrant, or applicant: (a) Was an owner or officer of another business at the time the other business was assessed a civil penalty under ORS 455.895; (b) Was an owner or officer of another business at the time an act or failure to act by any owner or officer of the other business resulted in action being taken against the license, certificate, or registration of the other business by the department, the director, or any advisory board; (c) Was an owner or officer of another business at the time the other business was subject to an order to cease and desist or other sanction by the director or an advisory board; or (d) Was directly involved in an act described in (a), (b), or (c) of this rule. Statutory/Other Authority: ORS 455.117 & 455.127 Statutes/Other Implemented: ORS 455.127 History: BCD 4-2017, f. 3-31-17, cert. ef. 4-1-17 BCD 8-2015, f. & cert. ef. 10-1-15 BCD 5-2015(Temp), f. & cert. ef. 7-1-15 thru 12-27-15