justicedao/ipfs_state_laws huggingface dataset:
820-005-0036 Engineering — Work "Engineering work," is work performed after a person is 18 years old and involves work of a higher grade and responsibility than that defined as "technician work." Credit for engineering work will only be given for time worked such that persons performing work for more than one entity during a given period of time will not receive multiple credit for dates worked. Work performed in conjunction with a course of study provided by a community college, college, university, or any other educational program, for which tuition or similar payment is made, credit is earned, or as a requirement of the program, will not be considered "engineering work." Statutory/Other Authority: ORS 670.310 & 672.255 Statutes/Other Implemented: ORS 672.002 – 372.325 History: BEELS 7-2018, amend filed 07/11/2018, effective 07/11/2018 BEELS 6-2016, f. & cert. ef. 10-4-16
820-005-0040 Examination Subversion “Examination subversion” is the use of any means to alter the results of an examination to cause the results to inaccurately represent the competency of an examinee. Statutory/Other Authority: ORS 670.310 & 672.255 Statutes/Other Implemented: ORS 672.002 - 372.325 History: BEELS 8-2015, f. & cert. ef. 11-13-15 BEELS 5-2015(Temp), f. & cert. ef. 8-19-15 thru 2-12-16
820-005-0045 Land Surveying — Practice "Practice of land surveying" refers to ORS 672.005 and 672.007. Statutory/Other Authority: ORS 670.310, 672.005, 672.007 & 672.255 Statutes/Other Implemented: ORS 672.002 - 372.325 History: BEELS 8-2015, f. & cert. ef. 11-13-15 BEELS 5-2015(Temp), f. & cert. ef. 8-19-15 thru 2-12-16
820-005-0051 Land Surveying — Work "Land surveying work" is work performed or education gained as provided in OAR 820-010-2020 after a person is 18 years old and involves work of a higher grade and responsibility than that defined as "technician work." Engineering work, not related to the practice of land surveying, is not land surveying work. Credit for land surveying work will only be given for time worked such that persons performing work for more than one entity during a given period of time will not receive multiple credit for dates worked. Statutory/Other Authority: ORS 670.310 & 672.255 Statutes/Other Implemented: ORS 672.002 – 372.325 History: BEELS 1-2023, amend filed 05/11/2023, effective 05/11/2023 BEELS 3-2022, temporary amend filed 11/18/2022, effective 11/18/2022 through 05/16/2023 BEELS 6-2016, f. & cert. ef. 10-4-16
820-005-0055 Multiple Registrant “Multiple registrant” means a person who is registered as both a land surveyor and an engineer or is registered as an engineer in two or more disciplines. Statutory/Other Authority: ORS 670.310 & 672.255 Statutes/Other Implemented: ORS 672.002 - 372.325 History: BEELS 8-2015, f. & cert. ef. 11-13-15 BEELS 5-2015(Temp), f. & cert. ef. 8-19-15 thru 2-12-16
820-005-0056 Person "Person" as used in ORS 672.007(1)(c), (2)(c), and (3)(c) and ORS 672.045 subsections (1), (2), (4), (7), and (8), means individuals, corporations, associations, firms, partnerships, limited liablility companies, and joint stock companies. Statutory/Other Authority: ORS 670.310, ORS 672.007, ORS 672.045 & ORS 672.255 Statutes/Other Implemented: ORS 672.002 - 672.325 History: BEELS 7-2018, adopt filed 07/11/2018, effective 07/11/2018
820-005-0057 NCEES Record An NCEES Record is a verified compilation of information, for which NCEES is the repository, that an applicant may submit to a state licensing board as part of the licensure application process. Statutory/Other Authority: ORS 670.310, ORS 672.107 & ORS 672.255 Statutes/Other Implemented: ORS 672.002 - 672.325 History: BEELS 2-2024, amend filed 05/14/2024, effective 05/14/2024 BEELS 3-2018, adopt filed 05/10/2018, effective 05/10/2018
820-005-0060 Photogrammetric Mapping — Practice "Practice of photogrammetric mapping" or "practice of photogrammetry" refers to ORS 672.002 and 672.007. Statutory/Other Authority: ORS 670.310, 672.002, 672.007 & 672.255 Statutes/Other Implemented: ORS 672.002 - 372.325 History: BEELS 8-2015, f. & cert. ef. 11-13-15 BEELS 5-2015(Temp), f. & cert. ef. 8-19-15 thru 2-12-16
820-005-0066 Photogrammetric — Work "Photogrammetric work" is work performed after a person is 18 years old and involves work of a higher grade and responsibility than that defined as "technician work." Credit for photogrammetric work will only be given for time worked such that persons performing work for more than one entity during a given period of time will not receive multiple credit for dates worked. Time spent teaching photogrammetric mapping after graduation is "photogrammetric work." Work performed in conjunction with a course of study provided by a community college, college, university, or any other educational program, for which tuition or similar payment is made, credit is earned, or as a requirement of the program, will not be considered "photogrammetric work." Statutory/Other Authority: ORS 670.310 & 672.255 Statutes/Other Implemented: ORS 672.002 – 372.325 History: BEELS 6-2016, f. & cert. ef. 10-4-16
820-005-0070 Professional Development Hour Professional Development Hour (PDH) is a contact hour (nominal) of instruction or presentation. The common denominator for other units of credit. (1) 1 college semester hour equals 45 PDH. (2) 1 college quarter hour equals 30 PDH. (3) 1 continuing education unit equals 10 PDH. Statutory/Other Authority: ORS 670.310 & 672.255 Statutes/Other Implemented: ORS 672.002 - 372.325 History: BEELS 8-2015, f. & cert. ef. 11-13-15 BEELS 5-2015(Temp), f. & cert. ef. 8-19-15 thru 2-12-16
820-005-0075 Responsible Charge (1) "Responsible charge," as used in ORS 672.002(9), means to have supervision and control over engineering work, land surveying work, and photogrammetric mapping work, as evidenced by performing substantially the following: (a) Establishing the manner or method by which services are rendered; (b) Establishing quality controls for the services rendered; (c) Communicating with clients; (d) Reviewing designs, calculations, plans, surveys or maps; (e) Supplying deficiencies found in or correcting errors contained in designs, calculations, plans, surveys or maps; (f) Making changes to documents, including but not limited to, designs, plans, plats, surveys or maps; and (g) With respect to land surveying, reviewing field evidence and making final decisions concerning the placement of survey monuments and surveyed lines. Statutory/Other Authority: ORS 670.310, 672.002 & 672.255 Statutes/Other Implemented: ORS 672.002 - 372.325 History: BEELS 8-2015, f. & cert. ef. 11-13-15 BEELS 5-2015(Temp), f. & cert. ef. 8-19-15 thru 2-12-16
820-005-0080 Supervision and Control (1) "Supervision and control," as used in ORS 672.002(10), means establishing the nature of, directing and guiding the preparation of, and approving the work product and accepting responsibility for the work product, as evidenced by performing the following: (a) Spending time directly supervising the work to assure that the person working under the licensee is familiar with the significant details of the work; (b) Providing oversight, inspection, observation and direction regarding the work being performed; (c) Providing adequate training for persons rendering services and working on projects under the licensee; (d) Maintaining readily accessible contact with the person providing services or performing work by direct proximity or by frequent communication about the services provided or the work performed. Communications between the licensee and persons under the licensee's supervision and control include face-to-face communications, electronic mail, and telephone communications and similar, other communications that are immediate and responsive; and (e) Applying the licensee's seal and signature to a document. Statutory/Other Authority: ORS 670.310, 672.002 & 672.255 Statutes/Other Implemented: ORS 672.002 - 372.325 History: BEELS 8-2015, f. & cert. ef. 11-13-15 BEELS 5-2015(Temp), f. & cert. ef. 8-19-15 thru 2-12-16
820-005-0085 Technician Work "Technician work" means the time spent on work where the personal responsibility and technical knowledge required are small; that is, where the individual performance of a task, set and supervised by others, is all that is required. It shall also include all time spent in work before an applicant is 18 years old. "Technician work" does not include engineering work as described in OAR 820-005-0036, land surveying work as described in OAR 820-005-0051, or photogrammetric work as described in OAR 820-005-0066. Engineering "technician work" includes, but is not limited to, work as an inspector, a laboratory assistant, a design assistant, a survey technician, or a draftsperson. Land Surveying "technician work" includes, but is not limited to, work as a survey technician, a draftsperson, an instrument plotter, or computation work under close supervision and not requiring the exercise of judgment in survey or map design, or decisions on boundary location. Photogrammetric mapping "technician work" includes but is not limited to, work as a photogrammetric mapping technician to perform technical photogrammetric or remote sensing tasks to extract spatial data from photographic imagery, digital imagery or other remotely-sensed data under close supervision and not requiring the exercise of judgment in project design or decisions related to authoritative photogrammetric measurements. Statutory/Other Authority: ORS 670.310 & 672.255 Statutes/Other Implemented: ORS 672.002 - 372.325 History: BEELS 5-2018, minor correction filed 05/31/2018, effective 05/31/2018 BEELS 8-2015, f. & cert. ef. 11-13-15 BEELS 5-2015(Temp), f. & cert. ef. 8-19-15 thru 2-12-16
820-005-1000 Acronyms (1) ACCE — American Council for Construction Education; (2) ANSAC — Applied and Natural Science Accreditation Commission of ABET; (3) EAC — Engineering Accreditation Commission of ABET; (4) EI — Engineering Intern; (5) FE — Fundamentals of Engineering; (6) FLS — Fundamentals of Land Surveying; (7) LSI — Land Surveying Intern; (8) NCEES — National Council of Examiners for Engineering and Surveying; (9) ETAC — Engineering Technology Accreditation Commission of ABET; (10) PE — Professional Engineer; (11) PLS — Professional Land Surveyor; (12) RPP — Registered Professional Photogrammetrist; (13) CWRE — Certified Water Right Examiner. Statutory/Other Authority: ORS 670.310 & 672.255 Statutes/Other Implemented: ORS 672.002 - 672.325 History: BEELS 2-2020, amend filed 05/19/2020, effective 05/19/2020 BEELS 8-2015, f. & cert. ef. 11-13-15 BEELS 5-2015(Temp), f. & cert. ef. 8-19-15 thru 2-12-16
820-010-0510 Registrants or Certificate Holders Qualified to Practice (1) Active registrants or certificate holders authorized to engage in the professional practice of engineering, land surveying, photogrammetric mapping, or the professional activities of a certified water right examiner as defined in ORS Chapter 537 and OAR chapter 690, and who are current with regards to payment of application and biennial renewal fees and continuing Professional Development Hour (PDH) requirements, if applicable, may practice in their respective professions. These registrants maintain an “active status.” (2) Registrants or certificate holders with a “pending” status are authorized to engage in the professional practice of engineering, land surveying, photogrammetric mapping, or the professional activities of a certified water right examiner as defined in ORS Chapter 537 and OAR chapter 690. Statutory/Other Authority: ORS 672.255(1)(g). Statutes/Other Implemented: ORS 672.020(1), 672.025(1), 672.028(1) & 672.045(1) History: BEELS 4-2017, f. & cert. ef. 7-12-17 BEELS 7-2015, f. & cert. ef. 9-16-15 BEELS 2-2009, f. & cert. ef. 11-13-09 BEELS 5-2007, f. & cert. ef. 9-20-07
820-010-0530 United States Military Registrants (1) Upon written request, biennial renewal fees and continuing professional development units may be waived while a registrant holding a registration to practice engineering, land surveying, photogrammetry, or certified water right examination in Oregon is on active duty with the Armed Forces of the United States. (2) An active duty registrant with the Armed Forces of the United States may return a registration to its former status upon written notification to the Board within 60 days of the date of honorable discharge. Former status will be restored by satisfying and submitting proof of completion of 15 PDH units per year for each year (or part of a year) in active military status on the Continuing Professional Development Organizational Form. Biennial renewal fees will not be required until the biennial renewal period following the date of honorable discharge. (3) If a registrant fails to notify the Board in writing within 60 days from the date of honorable discharge, or within the registration biennial renewal period in which the honorable discharge becomes effective, whichever is the longer period of time, that person may be subject to fees, including late-payment fees, assessed by the Board or other registration requirements in accordance with ORS Chapter 672. Statutory/Other Authority: ORS 408.450 & 672.255(1)(g) Statutes/Other Implemented: ORS 672.020(1), 672.025(1), 672.028(1) & 672.045(1) History: BEELS 3-2024, amend filed 09/11/2024, effective 09/11/2024 BEELS 2-2012, f. & cert. ef. 5-10-12 BEELS 1-2010, f. & cert. ef. 5-12-10
820-010-0610 Certificates Certificates shall be of a design approved by the Board. These shall bear on their face a notation stating that the registrant is qualified to practice land surveying, photogrammetry, engineering, especially qualified in a particular branch, or to engage in the professional activities of a certified water right examiner as defined in ORS Chapter 537 and OAR chapter 690; this qualification having been determined by a written examination. Statutory/Other Authority: ORS 670.310 & 672.255 Statutes/Other Implemented: ORS 670.310 & 672.255 History: BEELS 1-2010, f. & cert. ef. 5-12-10 BEELS 6-2005, f. & cert. ef. 12-13-05 EE 1-1992, f. & cert. ef. 2-3-92 EE 20, f. & ef. 12-15-77 EE 16, f. 3-5-74, ef. 3-25-74 EE 13, f. 3-29-72, ef. 4-15-72
820-010-0615 Posting of Certificates Registrants doing business with the public on their own account, or as consultants, or otherwise where appropriate shall keep their renewal certificates issued by the Board posted conspicuously in their places of business, where the public can readily examine said certificates. It is the registrants’ responsibility to ensure that their certificate is valid. Statutory/Other Authority: ORS 670.310 & 672.225 Statutes/Other Implemented: ORS 672.002 - 672.325 History: BEELS 5-2016, f. & cert. ef. 5-12-16 EE 1-1992, f. & cert. ef. 2-3-92 EE 20, f. & ef. 12-15-77 EE 13, f. 3-29-72, ef. 4-15-72
820-010-0715 Construction Contractors Offering Engineering (1) For the purpose of this rule, the following definitions apply: (a) "Offering services" means manifesting a willingness to provide services, either orally or in writing, such that another person may reasonably believe that their assent to the services is invited and will establish an agreement. (b) "Appurtenant" services are those services that relate to the construction trade, which include constructing, altering, repairing, or improving real estate. (2) The engineer registration requirements of ORS 672.002 to 672.325 do not prevent a construction contractor from offering services constituting the practice of engineering when all of the following conditions are met: (a) The construction contractor holds an active license under ORS 701; (b) The services offered by the construction contractor, constituting the practice of engineering, are appurtenant to construction services to be provided by the contractor; (c) The services constituting the practice of engineering are performed by an engineer or engineers registered under ORS 672.002 to 672.325; and (d) The offer by the construction contractor discloses in writing that the contractor is not an engineer and identifies the registered engineer or engineers that will perform the services constituting the practice of engineering. (3) An engineer performing or identified as an engineer that will perform the services constituting the practice of engineering as provided in subsection (2) of this rule must notify the Board in writing, within thirty (30) days if, after the contractor is retained by the owner, the engineer ceases to provide engineering services identified in the offer by the construction contractor. (4) Construction contractors who violate any provision of this rule may be practicing engineering or using an engineer title in violation of ORS 672.020 and 672.045. As such, the contractor may be subject, under 672.325, to sanctions and civil penalties of up to $1,000 per violation. Statutory/Other Authority: ORS 670.310 & 672.255 Statutes/Other Implemented: ORS 672.002 - 672.325 History: BEELS 3-2002, f. & cert. ef. 11-13-02
820-010-1031 Application for Temporary License as a Professional Engineer for Military Spouse or Domestic Partner (1) “Military spouse or domestic partner” means a spouse or domestic partner of an active member of the Armed Forces of the United States who is the subject of a military transfer to Oregon. (2) A qualifying military spouse or domestic partner shall be granted a temporary, nonrenewable registration as a professional engineer, valid until the earliest of the following: (a) Two years from issuance; (b) The date the spouse of the temporary license holder completes their term of military service in Oregon; or (c) The date the temporary license holder’s registration as a professional engineer in the other state expires. (3) To qualify for registration as a professional engineer under this rule, the military spouse or domestic partner must: (a) Be married to, or in a domestic partnership with, a member of the Armed Forces of the United States who is assigned to a duty station located in Oregon by official active duty military order; (b) Currently hold registration as a professional engineer in a state of the United States of America, having obtained such registration with qualifications that include passing one of the professional engineering examinations set forth in OAR 820-010-1010 (c) Be in good standing in the state where the registration as a professional engineer is held. Good standing, for purposes of this rule, means: the professional engineer’s registration in the state used to meet subsection (3)(b) of this rule must not be subject to any restrictions, limitations, or pending, current, or prior discipline, and is current with respect to all required, continuing professional development; and (d) Demonstrate competency by: (A) Providing official verification that the applicant has never had registration as a professional engineer revoked in any NCEES jurisdiction; (B) Providing official verification that the applicant is not currently under professional discipline for incompetence, negligence, or gross negligence in any state where the applicant holds registration as a professional engineer. Statutory/Other Authority: ORS 672.255, ORS 670.310 & HB 3030 / SB 688 Statutes/Other Implemented: ORS 672.002 - 672.325 History: BEELS 3-2021, adopt filed 04/28/2021, effective 04/28/2021
820-010-2031 Application for Temporary License as a Professional Land Surveyor for Military Spouse or Domestic Partner (1) “Military spouse or domestic partner” means a spouse or domestic partner of an active member of the Armed Forces of the United States who is the subject of a military transfer to Oregon. (2) A qualifying military spouse or domestic partner shall be granted a temporary, nonrenewable registration as a professional land surveyor, valid until the earliest of the following: (a) Two years from issuance; (b) The date the spouse of the temporary license holder completes their term of military service in Oregon; or (c) The date the temporary license holder’s registration as a professional land surveyor in the other state expires. (3) To qualify for registration as a professional land surveyor under this rule, the military spouse or domestic partner must: (a) Be married to, or in a domestic partnership with, a member of the Armed Forces of the United States who is assigned to a duty station located in Oregon by official active duty military order; (b) Currently hold registration as a professional land surveyor in one or more of the states of the United States of America. (c) Be in good standing in the state where the registration as a professional land surveyor is held. Good standing, for purposes of this rule, means: the professional land surveyor’s registration must not be subject to any restrictions, limitations, or pending, current, or prior discipline; and, the professional land surveyor’s registration is current with respect to all required, continuing professional development; and (d) Demonstrate competency by: (A) Providing official verification that the applicant has never had registration as a professional land surveyor revoked in any NCEES jurisdiction; (B) Providing official verification that the applicant is not currently under professional discipline for incompetence, negligence, or gross negligence in any state where the applicant holds registration as a professional land surveyor; and (C) Passing the Oregon-specific, four hour professional land surveying examination administered by the Board. Statutory/Other Authority: ORS 670.310, ORS 672.255 & HB 3030 / SB 688 Statutes/Other Implemented: ORS 672.002 - 672.325 History: BEELS 3-2021, adopt filed 04/28/2021, effective 04/28/2021
820-010-3020 Photogrammetry Examination (1) The Oregon approved photogrammetry examination is the Colonial States Board of Surveyor Registration (CSBSR) Examination and is offered once a year. To sit for the CSBSR Examination, a completed Examination form and required examination fee must be received by the Board office. NOTE: Please contact the Board office for examination dates, times, costs, and details. (2) To withdraw from the CSBSR Examination, and forward the Examination form and examination fees to the next examination administration, a written request to withdraw and forward the Examination form must be received by the Board offices no later than 45 days before the administration of the examination. Examination forms may only be forwarded upon withdrawal once, and only to the next examination administration. After one withdrawal, the original Examination form will no longer be forwarded. (3) The cutoff score for the CSBSR Examination is established by the Colonial States Board of Surveyor Registration. (4) Examinees may request reasonable accommodations to the examination’s administration. (a) Reasonable accommodations will be provided for examinees who have a documented disability within the meaning of the Americans with Disabilities Act of 1990. Reasonable accommodations may be provided for examinees whose religious convictions prohibit them from testing on the scheduled examination dates. (b) Requests for reasonable accommodations must be submitted to the Board, and accompanied by supporting documentation. (5) Examination Review. As the CSBSR does not facilitate examination reviews and appeals, CSBSR examination reviews are not permitted. (6) Examination Subversion. (a) Any Applicant who is under investigation for examination subversion, as defined in OAR 820-005-0040 will not be considered by the Board until the investigation and any ensuing disciplinary action are complete. (b) An Applicant disciplined for examination subversion is subject to imposition of civil penalties and denial of registration. A Registrant who is disciplined for examination subversion is subject to imposition of civil penalties and suspension or revocation of registration. Statutory/Other Authority: ORS 670.310 & 672.255 Statutes/Other Implemented: ORS 672.002 - 672.325 History: BEELS 1-2024, amend filed 03/12/2024, effective 03/12/2024 BEELS 1-2016, f. & cert. ef. 1-14-16