justicedao/ipfs_state_laws huggingface dataset:
808-040-0060 Continuing Education: Audit, Required Documentation and Sanctions (1) To ensure adequate proof of continuing education course completion is available for audit or investigation by the Landscape Contractors Board the licensees shall maintain a record of attendance for two years following renewal. (2) The Landscape Contractors Board will audit a select percentage of renewals determined by the Board to verify compliance with continued education hour requirement at intervals determined by the Board. (3) Licensees notified of selection for audit of continuing education verification shall submit to the agency within 21 calendar days from the date of issuance of the notification, satisfactory documentation of completing the required continuing education outlined in OAR 808-040-0020. (4) Documentation for a preapproved program or preapproved course provided by any institution, agency, professional organization or association, must be a certificate issued by the program provider and approved by the Landscape Contractors Board which includes: (a) Name of sponsoring institution/association or organization; (b) Title of presentation; (c) Date of attendance; (d) Type of CEH; (e) Number of approved CEH; and (f) Instructor’s, presenter’s or sponsor’s signature or official stamp signifying attendance and completion of the course. (5) Documentation for independent study course, volunteering and other non-sponsored education must be an approval form issued pursuant to a CEH approval request made by the licensee under OAR 808-040-0050(2). (6) Documentation for attending an accredited educational institution must be in the form of a transcript showing the length of the academic term. (7) Documentation for programs that were not pre-approved or claims for credit for teaching/presenting or volunteering must be an approval form issued pursuant to a CEH approval request made by the licensee under OAR 808-040-0050(2). (8) The Board may perform an audit on any licensee at any time the board determines necessary to maintain compliance with the CEH requirement. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: Ch. 550 OL 2007 History: LCB 1-2016, f. & cert. ef. 4-8-16 LCB 8-2012, f. & cert. ef. 12-4-12 LCB 3-2010, f. & cert. ef. 6-1-10 LCB 1-2010, f. & cert. ef. 1-27-10 LCB 8-2007, f. 12-24-07, cert. ef. 1-1-08
808-040-0070 Waivers (1) CEH waivers. The Board, in its discretion, may waive CEH requirements for: (a) Reasons of health, certified by a medical doctor, that prevents the licensee from complying with CEH requirements; (b) A licensee who is on active military duty and who provides a copy of orders to active military duty; or (c) Other good cause, to be demonstrated as the Board requests. (2) Requests for waivers. A request for waiver of CEH requirements must be submitted in writing for each renewal period during which the conditions supporting the waiver exist. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: Ch. 550 OL 2007 History: LCB 5-2016, f. & cert. ef. 5-23-16 LCB 8-2007, f. 12-24-07, cert. ef. 1-1-08
808-040-0080 CEH Requirement for Reinstatement to Active Status (1) Any licensee that reinstates an inactive or expired landscape construction professional license to active status more than 14 days after the expiration of the license must: (a) Comply with OAR 808-003-0255; (b) Complete the CEH required in OAR 808-040-0020 and submit documentation as per the audit requirements of OAR 808-040-0060 for the required CEH obtained within the two years immediately preceding the reinstatement date of the landscape construction professional license; and (c) Meet the CEH requirement for each subsequent renewal period. (2) Upon honorable discharge to convert a license form inactive military status to active status, the servicemember must submit a written request within 60 days from the date of discharge. No renewal or late fee will be charged until the first renewal date after conversion of that license. No CEH will be required until the first renewal date after conversion of that license Statutory/Other Authority: ORS 670.310 & ORS 671.670 Statutes/Other Implemented: ORS 671.676 History: LCB 2-2025, amend filed 07/29/2025, effective 07/29/2025 LCB 5-2016, f. & cert. ef. 5-23-16 LCB 9-2015, f. 12-22-15, cert. ef. 1-1-16 LCB 2-2012, f. 3-30-12, cert. ef. 4-1-12 LCB 18-2011, f. 12-29-11, cert. ef. 1-1-12 LCB 10-2009, f. & cert. ef. 10-28-09 LCB 2-2009(Temp), f. & cert. ef. 5-13-09 thru 11-9-09 LCB 8-2007, f. 12-24-07, cert. ef. 1-1-08
809-001-0000 Notice Before adoption, amendment, or repeal of any permanent rule, the State Board of Geologist Examiners shall give notice of the intended rulemaking 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 intended rulemaking action; (2) By furnishing to persons on the State Board of Geologist Examiners notice list, established under ORS 183.335(8), notice of the intended rulemaking action at least 28 days before the effective date of the intended rulemaking action; (3) By furnishing a copy of the notice to the: (a) Associated Press; (b) Association of Engineering Geologists - Oregon Chapter; (c) Oregon Department of Geology and Mineral Industries; (d) Geology Department, Oregon State University; (e) Earth Sciences Department, University of Oregon; (f) Geology Department, Portland State University; and (g) Earth and Physical Science Department, Western Oregon University. Statutory/Other Authority: ORS 183.335 & 670.310(1) Statutes/Other Implemented: ORS 183.335 History: BGE 3-2021, amend filed 09/13/2021, effective 09/20/2021 BGE 4-2012, f. 12-13-12, cert. ef. 12-21-12 BGE 3-2004, f. & cert. ef. 6-23-04 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 1-1982, f. & ef. 5-14-82 GE 2, f. & ef. 12-13-77 GE 1(Temp), f. & ef. 11-3-77
809-001-0005 Model Rules of Procedure The Attorney General’s Model Rules of Procedure under the Administrative Procedures Act, in effect on February 1, 2012, are hereby adopted as the rules of procedure by reference for the State Board of Geologist Examiners. Statutory/Other Authority: ORS 183 & ORS 672.505 - 672.705 Statutes/Other Implemented: ORS 672.505 - 672.705 History: BGE 2-2012, f. & cert. ef. 6-15-12 BGE 4-2004, f. & cert. ef. 6-23-04 BGE 2-2004, f. & cert. ef. 4-6-04 BGE 1-2000, f. & cert. ef. 8-3-00 BGE 2-1999, f. & cert. ef. 11-8-99 GE 1-1996, f. & cert. ef. 8-30-96 GE 3-1986, f. & ef. 7-15-86 GE 1-1984, f. & ef. 2-1-84 GE 1-1982, f. & ef. 5-14-82 GE 2, f. & ef. 12-13-77 GE 1(Temp), f. & ef. 11-3-77
809-001-0010 Election of Officers The Board may elect a Board Chairman and Vice Chairman once a year at the first board meeting held after July 1. Statutory/Other Authority: ORS 183, 192 & 672 History: GE 1-1984, f. & ef. 2-1-84
809-005-0000 Certification for Engineering Geology (1) The Board established certification in the specialty of engineering geology pursuant to ORS 672.505(3) and 672.565. (2) The engineering geologist specialty certification shall be maintained concurrently with the geologist registration. (3) To be certified as an engineering geologist, the geologist must be qualified under OAR 809-030-0020(2). Statutory/Other Authority: ORS 670.310, ORS 672.565, 672.575 & 672.585 Statutes/Other Implemented: ORS 672.565 & 672.585 History: BGE 1-2021, amend filed 03/09/2021, effective 03/10/2021 BGE 1-2002, f. & cert. ef. 2-6-02 GE 1-1984, f. & ef. 2-1-84
809-005-0005 Certification for Geologist-in-Training To be certified as a geologist-in-training, the person shall pass an examination and pay the required fees. Statutory/Other Authority: ORS 183, 192 & 672 History: 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
809-010-0025 Operating Budget The Oregon State Board of Geologist Examiners hereby adopts by reference the 2025-2027 Biennial Budget of $993,717 covering the period from July 1, 2025 and ending June 30, 2027. With Board approval, the Administrator of the Board may amend budgeted accounts as necessary within the approved budget of $993,717 for the effective operation of the Board. The Board will not exceed the approved 2025-2027 Biennial Budget unless registrants are noticed, a public hearing is convened, and this rule is amended as required by ORS Chapter 182.462(1). A copy of the budget is available from the Board's office and at the Board’s website. Statutory/Other Authority: ORS 672.705, 182.462 & 670.310 Statutes/Other Implemented: ORS 672.505 & 182.462 History: BGE 1-2025, amend filed 06/17/2025, effective 07/01/2025 BGE 1-2023, amend filed 06/06/2023, effective 07/01/2023 BGE 2-2021, amend filed 06/07/2021, effective 07/01/2021 BGE 2-2019, amend filed 06/07/2019, effective 07/01/2019 BGE 1-2017, f. 6-5-17, cert. ef. 7-1-17 BGE 1-2015, f. 6-1-15, cert. ef. 7-1-15 BGE 1-2013, f. 6-3-13, cert. ef. 7-1-13 BGE 4-2012, f. 12-13-12, cert. ef. 12-21-12 BGE 1-2011, f. 6-21-11, cert. ef. 7-1-11 BGE 1-2009, f. 6-15-09, cert. ef. 7-1-09 BGE 2-2007, f. 6-25-07, cert. ef. 7-1-07 BGE 1-2005, f. & cert. ef. 8-15-05 BGE 2-2003, f. 6-13-03, cert. ef. 7-1-03 BGE 1-2001, f. & cert. ef. 3-23-01 BGE 1-1999, f. & cert. ef. 6-17-99
809-015-0000 Renewal (1) Annual registration renewal date is as follows: (a) For a Geologist-in-Training, the last day of the month of the initial date of issuance; (b) For a Registered Geologist, the last day of the month of the initial date of issuance; (c) For a Certified Engineering Geologist, the certification renewal date is set concurrent with the geologist registration renewal date as specified in (b). (2) Renewals filed with the Board after the renewal date are subject to a restoration (late) fee as specified in OAR 809-010-0001. (3) Expiration date for purposes of annual renewal is the next calendar day after the renewal date. If a renewal, including payment of fees, is not completed on or before the renewal date, then the registration is not active unless restored. This is also referred to as lapsed registration. Restoration of registration must be completed as specified in OAR 809-015-0005 in order for the registrant to publicly practice geology under the registration. (4) As part of a renewal application, a registrant shall verify, and update as applicable, the following contact information: (a) Home (personal) mailing address and phone number; (b) Work mailing address and phone number, if applicable; (c) One preferred mailing address, i.e., home (personal) or work; and (d) One preferred email address. Statutory/Other Authority: ORS 183, 192 & 672 Statutes/Other Implemented: ORS 672.585 History: BGE 1-2016, f. & cert. ef. 9-20-16 BGE 4-2005, f. & cert. ef. 12-14-05 BGE 1-2002, f. & cert. ef. 2-6-02 GE 1-1984, f. & ef. 2-1-84, Renumbered from 809-010-0005 GE 1-1981, f. & ef. 8-3-81 Reverted to GE 2, f. & ef. 12-13-77 GE 3-1978(Temp), f. & ef. 12-15-78 GE 2, f. & ef. 12-13-77 GE 1(Temp), f. & ef. 11-3-77
809-015-0005 Restoration (1) A registration not renewed on or before the renewal date may be restored to active status within five years of the renewal date without reapplication or retaking of an examination. (2) To restore a registration, a Registered Geologist, Certified Engineering Geologist, or Geologist-in-Training must make a written request to the Board for restoration and pay: (a) The applicable annual registration fees for all years in which the registration was not renewed; (b) The annual renewal fee for the current year; and (c) The applicable restoration (late) fee. Statutory/Other Authority: ORS 183, 192 & 672 Statutes/Other Implemented: ORS 672.585 History: BGE 1-2016, f. & cert. ef. 9-20-16 BGE 4-2005, f. & cert. ef. 12-14-05 GS 1-1988, f. 11-18-88, cert. ef. 12-1-88 GE 1-1984, f. & ef. 2-1-84 GE 1-1981, f. & ef. 8-3-81 Reverted to GE 2, f. & ef. 12-13-77 GE 3-1978(Temp), f. & ef. 12-15-78 GE 2, f. & ef. 12-13-77 GE 1(Temp), f. & ef. 11-3-77
809-015-0010 Nonrestoration (1) After five consecutive years of non-renewal, a registration can no longer be restored. (2) A person past the 5 year restoration window must re-apply as a new applicant, meeting all current Board requirements for registration. This includes but is not limited to passage of national and specialty examination required by the Board unless previously passed as verified by the Board. (3) Upon application to the Board for a new registration, a previous registration number shall not be reinstated. Statutory/Other Authority: ORS 670.310 & 672.585 Statutes/Other Implemented: ORS 672.585 History: BGE 1-2016, f. & cert. ef. 9-20-16 BGE 1-2007, f. & cert. ef. 3-14-07 BGE 1-2002, f. & cert. ef. 2-6-02 BGE 2-1999, f. & cert. ef. 11-8-99 GE 1-1990, f. & cert. ef. 10-2-90 GE 1-1984, f. & ef. 2-1-84 GE 1-1981, f. & ef. 8-3-81 Reverted to GE 2, f. & ef. 12-13-77 GE 3-1978(Temp), f. & ef. 12-15-78 GE 2, f. & ef. 12-13-77 GE 1(Temp), f. & ef. 11-3-77
809-015-0020 Reissuance of Revoked Registration At its discretion, the Board may reissue a revoked certificate of registration according to ORS 672.685 under the following conditions: (1) Submission of a written request for reissuance by the revoked registrant; (2) Receipt of written documentation demonstrating good cause to justify the reissuance; (3) Submission of all application materials meeting the requirements for first-time registrants as prescribed in Qualification Standards and Experience, OAR 809-30-0000 through 809-30-0025, and all relevant registration and application fees as prescribed in Fees, OAR 809-010-0001; (4) Take or retake and pass the ASBOG fundamental and practice examinations, and specialty examinations as applicable. Statutory/Other Authority: ORS 672.515 & 672.685 Statutes/Other Implemented: ORS 672.505-672.705 History: BGE 1-2012, f. & cert. ef. 6-15-12
809-020-0001 Goals (1) A geologist shall be guided by the highest standards of ethics, honesty, integrity, fairness, personal honor, and professional conduct. (2) To the fullest extent possible, a geologist shall protect the public health and welfare and property in carrying out professional duties. Statutory/Other Authority: ORS 672 History: GE 4-1984, f. & ef. 12-18-84
809-020-0006 Responsibility to Profession (1) A Registered Geologist shall undertake professional service or render expert opinion only when qualified by training or experience in the technical areas involved. (2) When serving as an expert or technical witness before a court, commission, or other tribunal, a Registered Geologist shall express only those opinions founded upon adequate professional knowledge of the matters at issue. (3) A Registered Geologist shall sign and seal only professional work, including, but not limited to, maps and report for which the geologist has direct professional knowledge, and for which the geologist intends to be responsible for its accuracy and adequacy. (4) A Registered Geologist shall not take credit for work conducted by others. When using the results of other geologists’ work in the performance of the practice of geology, a geologist shall give due credit to the other geologists by citation or acknowledgement. Work of other geologists which is proprietary, or was not intended to be made generally available, shall not be used without the permission of the other geologist. Nothing in this paragraph prohibits any person from sending the work of any geologist or the work of any person publicly practicing geology in Oregon to the Board. (5) A Registered Geologist shall not knowingly make false statements or misrepresentations, or permit the publication or use of the geologist’s name or work in association with any fraudulent activities. (6) A Registered Geologist shall make full disclosure to all parties concerned of any conflict of interest in projects or properties on which the geologist performs work. (7) If a Registered Geologist has knowledge or reasonable cause to believe another person or geologist is in violation of the registration law, ORS Chapter 672, or the related administrative rules, the geologist shall present such information to the Oregon Board of Geologist Examiners, in writing. (8) If a Registered Geologist’s professional judgment is overruled or not adhered to under circumstances where the geologist has reasonable cause to believe there is a clear and present threat to the public health or welfare or property, the geologist shall immediately notify the client/employer. If the client/employer does not take appropriate action within a reasonable amount of time under the circumstances, the geologist shall notify in writing the agency of local government having jurisdiction, or in the case of state/federal property the state/federal agency having land management responsibility, and the Board of the nature of the public threat. Statutory/Other Authority: ORS 672 History: BGE 1-2002, f. & cert. ef. 2-6-02 GE 4-1984, f. & ef. 12-18-84
809-020-0011 Responsibility to Employer (1) A geologist shall avoid conflict of interest with a client/employer and shall disclose the circumstances to the client/employer if a conflict is unavoidable. (2) A geologist shall not, during the time of the geologist’s retention or employment by a client/employer, use information developed for, or the resources of, said client/employer for private gain or in any other manner that may conflict with the client/employer’s interest without the knowledge and consent of the client/employer, except as specified in OAR 809-020-0006(8) Responsibility to Profession. In the case of a former client/employer, a geologist shall honor agreements with that former client/employer with regard to proprietary information, except as specified by OAR 809-020-0006(8). (3) A geologist shall either engage or advise a client/employer to engage other experts or specialists if the client/employer’s interests are best served by such service. (4) A geologist shall give due notice of withdrawal of service from a client/employer. Due notice shall be either 30 days or a time mutually agreed to by the geologist and the client/employer, whichever is less. However, a geologist may withdraw from service without due notice if: (a) The geologist fails to receive compensation, or has reasonable cause to believe that compenstion for services performed will not be received; (b) The geologist knows, or has reasonable cause to believe, that continued employment will result in a violation of this Code, ORS Chapter 672, the related administrative rules, or will otherwise be illegal; (c) The geologist knows, or has reasonable cause to believe, that the client/employer is involved in illegal or fraudulent practices, or practices dangerous to the public health, and welfare and property; (d) The geologist knows, or has reasonable cause to believe, that continued employment will result in sickness or injury to the geologist or the geologist’s dependents. (5) A geologist shall not accept compensation concurrently from more than one client/employer on a project, unless the circumstances of payment are fully disclosed and agreed to by all financially interested parties. Statutory/Other Authority: ORS 672 History: GE 4-1984, f. & ef. 12-18-84
809-020-0025 Responsibility to the Board (1) A geologist, when requested by the Board, shall respond to communications from the Board within 21 days after notification is mailed. Mailed means sent via United States post with proper postage and addressed to the registrant’s preferred address of record on file with the Board. (2) A geologist shall notify the Board within 30 days of any change in the personal contact information as required in OAR 809-015-0000(5). This notification is in addition to any updates provided as part of a registration renewal. Updates may be provided by written letter or email to the Board office. A geologist may also provide updates through an online portal, where made available by the Board. (3) A geologist, when requested by the Board, shall present information and assistance to the Board in pursuing violations of laws and rules relating to the practice of geology in the State of Oregon. A geologist shall not dismiss from his employment, or take any other sanction against another geologist because of the other geologist's compliance with this, or any other subsection, of the Code of Professional Conduct, ORS Chapter 672, or the related administrative rules. Statutory/Other Authority: ORS 672.655 & 670.310 Statutes/Other Implemented: 672.655 History: BGE 1-2016, f. & cert. ef. 9-20-16 BGE 1-2007, f. & cert. ef. 3-14-07 BGE 1-2002, f. & cert. ef. 2-6-02 GE 4-1984, f. & ef. 12-18-84 GE 1-1978, f. & ef. 3-9-78 GE 3(Temp), f. & ef. 12-14-77
809-020-0030 Misconduct Any violation of the Code of Professional Conduct is misconduct under OAR 809-003-0000(13) and is grounds for discipline under ORS 672.675(2) and the assessment of civil penalties under 672.690(1). Misconduct under OAR 809-003-0000(13) also includes, but is not limited to, any of the following acts committed in connection with or related to the public practice of geology: (1) Signing or stamping work not prepared under the direct supervision or control of the registered geologist; (2) Offering or accepting gifts (other than those of nominal value, such as entertainment or hospitality), with the intent of influencing the judgment of a client, prospective client, government official, or another geologist in connection with a project, or employment, in which the registered geologist is to be retained or has a financial interest; (3) Fraud, deceit, misrepresentation, false impersonation, false or forged evidence, or a felony conviction; (4) Practicing geology while impaired by alcohol or other drugs; (5) Engaging in false, misleading or deceptive advertising; (6) Negligence, gross negligence, or incompetence. Statutory/Other Authority: ORS 670.310 & 672.655 Statutes/Other Implemented: ORS 672.675 & 672.690 History: BGE 3-2019, amend filed 12/09/2019, effective 12/09/2019 BGE 3-2012, f. 12-13-12, cert. ef. 12-21-12 GE 4-1984, f. & ef. 12-18-84