reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 811 - BOARD OF CHIROPRACTIC EXAMINERS › Division 15 - CONSUMER PROTECTION › Section 811-015-0000 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The usual and
			 customary fee that a chiropractic physician charges for services is a personal
			 privilege.
(2) Each licensee shall
			 maintain a schedule of fees charged for common services and the schedule of
			 fees shall be available to patients upon request. The billing procedure must be
			 fully explained to the patient orally and in writing. Licensees shall make
			 certain that each patient is informed about the charging and billing procedures
			 of the licensee's office prior to any charges being incurred.
(3) If licensees agree to bill third party
			 payors on behalf of their patients, licensees must bill third party payors at
			 the same rate the patient was billed and the bill must accurately reflect any
			 discount that was given to the patient.
(4) It is not unethical for licensees to
			 charge interest on time payments of past due accounts, if the billing procedure
			 is fully explained to the patient orally and in writing and complies with other
			 applicable laws. The monthly rate of interest must be printed on the
			 statement.
(5) Licensees may offer
			 free or reduced cost services to any patient of their choice. However, it is
			 the licensee's responsibility to comply with other applicable federal and state
			 laws regarding billing practices.
Statutory/Other Authority: ORS 684
Statutes/Other Implemented: ORS
				  684.155(b)
Oregon Administrative Rules › Chapter 811 - BOARD OF CHIROPRACTIC EXAMINERS › Division 15 - CONSUMER PROTECTION › Section 811-015-0002 - Pre-Paid and Contracted Treatment Plans

Current through Register Vol. 63, No. 7, July 1, 2024
A pre-paid plan is a package of services and/or products that
				are purchased by patients at a reduced or discounted cost than if the services
				were purchased individually.
(1)
			 Chiropractic physicians may accept pre-payment for services planned but not yet
			 delivered only if they do so in such a way that it does not constitute the
			 practice of insurance.
(a) "Insurance" is
			 defined as a contract whereby one undertakes to indemnify another or pay or
			 allow a specified or ascertainable amount or benefit upon determinable risk
			 contingencies, pursuant to ORS
			 731.102.
(b) Chiropractic physicians or clinics who
			 are certified by the Oregon Department of Insurance as Medical Retainer Plans
			 are exempted from this section.
(c)
			 These plans must not be in violation of OAR
			 811-015-0000.
Oregon Administrative Rules › Chapter 811 - BOARD OF CHIROPRACTIC EXAMINERS › Division 15 - CONSUMER PROTECTION › Section 811-015-0006 - Disclosure of Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 chiropractic physician shall make available, within a reasonable time not to
			 exceed 30 days, to a patient or a third party upon the patient's written
			 request, copies or summaries of medical records and originals or copies of the
			 patient's X-rays.
(a) The medical records do
			 not necessarily include the personal office notes of the chiropractic physician
			 or personal communications between a referring and consulting physician
			 relating to the patient.
(b) The
			 chiropractic physician shall preserve a patient's medical records from
			 disclosure and will release them only on a patient's written consent stating to
			 whom the records are being released or as required by state or federal
			 law.
Oregon Administrative Rules › Chapter 811 - BOARD OF CHIROPRACTIC EXAMINERS › Division 15 - CONSUMER PROTECTION › Section 811-015-0010 - Clinical Justification and Standard of Care

Current through Register Vol. 63, No. 7, July 1, 2024
An Oregon licensed chiropractic physician provides care for
				many conditions using a variety of therapeutic procedures, including but not
				limited to chiropractic adjustment and manipulation. There is one standard of
				care for all patients, irrespective of the condition, service, or advice
				provided. All chiropractic physicians licensed under ORS chapter 684 are
				subject to the following:
(1) Clinical
			 justification, within accepted standards and understood by a group of peers,
			 must be shown for all opinions, diagnostic, and therapeutic procedures. The
			 singular accepted standard of care includes obtaining a history that informs
			 the examination, conducting an examination that informs the diagnosis, and
			 using the diagnosis to inform the management plan which includes relevant
			 outcome markers.
(2) "Accepted
			 standards" means skills and treatment which are recognized as being reasonable,
			 prudent, and acceptable under similar conditions and circumstances.
(3) For neuro-musculoskeletal conditions, all
			 initial and subsequent examinations performed by a chiropractic physician to
			 determine the need for treatment shall include a functional chiropractic
			 analysis. Some combination of at least two of the following PARTS exam
			 constitutes a functional chiropractic analysis:
P - Location, quality, and intensity of pain or tenderness
				produced by palpation and pressure over specific structures and soft
				tissues;
A - Asymmetry of sectional or segmental components identified
				by static palpation;
R - The decrease or loss of specific movements (active,
				passive, and accessory);
T - Tone, texture, and temperature change in specific soft
				tissues identified through palpation;
S - Use of special tests or procedures.
(4) Chiropractic physicians shall treat their
			 patients as often as necessary to allow for favorable progress. Evidence-based
			 outcomes management shall determine whether the frequency and duration of
			 curative chiropractic treatment is, has been, or continues to be necessary.
			 Outcomes management shall include both subjective, or patient-driven,
			 information as well as objective, provider-driven, information. In addition,
			 treatment of neuro-musculoskeletal conditions outside of the Oregon Practices
			 and Utilization Guidelines may be considered contrary to accepted standards.
			 Chiropractic physicians treating outside of the Practices and Utilization
			 Guidelines bear the burden of proof to show that the treatment, or lack
			 thereof, is clinically justified.
(5) Copies of any independent examination
			 report must be made available to the patient, the patient's attorney, the
			 treating doctor, and the attending physician at the time the report is made
			 available to the initial requesting party.
Statutory/Other Authority: ORS 684
Statutes/Other Implemented: ORS
				  684.155
Oregon Administrative Rules › Chapter 811 - BOARD OF CHIROPRACTIC EXAMINERS › Division 15 - CONSUMER PROTECTION › Section 811-015-0011 - Minor Consent Rule

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Treatment to minor patients without consent of a parent or guardian can occur
			 in the following circumstances:
(a) A minor,
			 15 years of age or older, may give consent to treatment and diagnosis by a
			 chiropractic physician licensed under ORS chapter 684.
(b) A minor, 15 years of age or older, may
			 give consent to treatment as supervised and diagnosed by a chiropractic
			 physician and provided by a certified chiropractic assistant. The certified
			 chiropractic assistant is limited to the scope of practice as stated in OAR
			 811-010-0110.
Oregon Administrative Rules › Chapter 811 - BOARD OF CHIROPRACTIC EXAMINERS › Division 15 - CONSUMER PROTECTION › Section 811-015-0025 - Continuing Chiropractic Education

Current through Register Vol. 63, No. 7, July 1, 2024
(1)  Continuing chiropractic education (CE) is to improve the
				competence and skills of Oregon chiropractic licensees, and to help assure the
				Oregon public of the continued competence of these licensees within the
				statutory scope of practice.
(2)  In order to renew a license or certificate, each licensee
				shall complete an affidavit attesting to successful completion of education per
				their license or certificate status.
(a)  Chiropractic physician first year initial status - 8 hours
				which must include the following:
(A)  Over-the-counter, non-prescriptive substances - 4
				hours;
(B)  Evidence-based medicine - 2 hours;
(C)  Cultural competency - 1 hour;
(D)  Suicide intervention training - 1 hour;
Oregon Administrative Rules › Chapter 811 - BOARD OF CHIROPRACTIC EXAMINERS › Division 15 - CONSUMER PROTECTION › Section 811-015-0030 - Chiropractic Obstetrics, Minor Surgery, and Proctology

Current through Register Vol. 63, No. 7, July 1, 2024
(1)  A Minor Surgery/ Proctology Review Committee may be
				appointed by the Board. Members will serve at the pleasure of the Board. The
				committee may review the applications and rotation plans. The committee will
				review the results of the rotation and make a recommendation to the Board
				regarding the certification. The committee may advise the Board on all issues
				related to minor surgery and proctology.
(2)  A chiropractic physician licensed in Oregon who wishes to
				practice minor surgery and/or proctology must apply to, and receive from, the
				Board a certification of special competency in minor surgery and/or proctology.
				To receive and maintain certification, the applicant must fulfill the following
				requirements:
(a)  Give written application to the Board to practice minor
				surgery and/or proctology, provide evidence of completion of 36 hours of
				undergraduate or postgraduate coursework in minor surgery/proctology, and
				propose a plan to complete a rotation for practical experience in not less than
				25 minor surgery/proctology cases. The purpose of the rotation is to learn and
				demonstrate competencies, as determined by the Board, under the guidance of one
				or more supervising licensed physicians. The numbers of procedures required in
				each of these areas will be determined by the Board.
(A)  The rotation must include no less than five cases where all
				aspects of the cases are performed solely by the chiropractic physician, and
				observed by the supervising licensed physician.
(B)  The remainder of the rotation not covered in paragraph (A)
				shall consist of cases where the chiropractic physician observes and/or
				assists.
(C)  Adequate documentation of the chiropractic physician's
				participation in all cases is required on forms provided by, and returned to,
				the Board, and signed by the supervising licensed physician. It is required the
				rotation be completed within one year.
Oregon Administrative Rules › Chapter 811 - BOARD OF CHIROPRACTIC EXAMINERS › Division 15 - CONSUMER PROTECTION › Section 811-015-0045 - Advertising

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A chiropractic
			 physician shall not use or participate in the use of improper advertising.
			 Improper advertising is any advertising which:
(a) States any fact which would result in the
			 communication being untruthful, misleading, or deceptive;
(b) Contains statistical or other assertions
			 of predicted rates of success of treatment; or
(c) Claims a specialty, degree, or diplomate
			 not possessed or that does not exist.
Oregon Administrative Rules › Chapter 811 - BOARD OF CHIROPRACTIC EXAMINERS › Division 15 - CONSUMER PROTECTION › Section 811-015-0066 - Telehealth

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in this
			 section, "telehealth" means a variety of methods, through the use of electronic
			 and telecommunications technologies, for the distance delivery of health care
			 services, including chiropractic services, excluding in-person services, and
			 clinical information designed to improve the health status of a patient, and to
			 enhance delivery of the health care services and clinical
			 information.
(2) A chiropractic
			 physician who is licensed by, and is in active status with, the Oregon Board of
			 Chiropractic Examiners to practice chiropractic may use telehealth if:
(a) The use of telehealth is an appropriate
			 manner in which to provide a chiropractic service;
(b) The chiropractic physician is providing a
			 chiropractic service that is within the scope of practice of the chiropractic
			 physician; and
Oregon Administrative Rules › Chapter 811 - BOARD OF CHIROPRACTIC EXAMINERS › Division 20 - RULES GOVERNING APPROVAL OF SCHOOLS › Section 811-020-0006 - Statement of Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
It is the purpose of this Board to approve only those schools
				teaching the schedule of minimum educational requirements as defined by the
				Council on Chiropractic Education (CCE) Standards. These schools will also be
				evaluated for minimum educational requirements in minor surgery, proctology,
				and physiotherapy (ORS
				684.050(4)),
				subjects which are not required by CCE standards. This Board may also approve
				those programs that are mutually recognized and endorsed by CCE through
				membership in the Councils on Chiropractic Education International, on a
				case-by-case basis.
(1) 120 hours is
			 required in physiotherapy. Any chiropractic physician also licensed as a
			 physical therapist is exempt from this requirement.
(2) 36 hours (survey course) is required in
			 minor surgery/proctology (in addition to the standard courses of physical
			 examination, emergency/first aid, histology etc.).
(3) Applicants for licensure in Oregon who
			 have graduated from schools which do not meet the requirements for
			 physiotherapy, minor surgery, or proctology must provide evidence of sufficient
			 hours in these subjects from any approved CCE school (undergraduate or
			 post-graduate educational program).
Statutory/Other Authority: ORS 684
Statutes/Other Implemented: ORS
				  684.050(4)
				  & 684.155(5)
Oregon Administrative Rules › Chapter 811 - BOARD OF CHIROPRACTIC EXAMINERS › Division 20 - RULES GOVERNING APPROVAL OF SCHOOLS › Section 811-020-0011 - List of Approved Schools and Programs

Current through Register Vol. 63, No. 7, July 1, 2024
The list of approved schools and programs shall be made
				available upon request as recognized, endorsed andas published by the Council
				on Chiropractic Education and approved by the Board.
Statutory/Other Authority: ORS 684
Statutes/Other Implemented: ORS
				  684.050(4),
				  684.155(5
Oregon Administrative Rules › Chapter 811 - BOARD OF CHIROPRACTIC EXAMINERS › Division 21 - EDUCATIONAL STANDARDS FOR CHIROPRACTIC SCHOOLS › Section 811-021-0005 - Educational Standards for Chiropractic Schools, Colleges, Institutions and Universities

Current through Register Vol. 63, No. 7, July 1, 2024
The educational standards for chiropractic schools, colleges,
				institutions, and universities published by the Council on Chiropractic
				Education or their equivalent, current as of January 2018, is hereby adopted.
Publications: Publications referenced are available from the
				  agency.
Statutory/Other Authority: ORS 684
Statutes/Other Implemented: ORS
				  684.155(5)
Oregon Administrative Rules › Chapter 811 - BOARD OF CHIROPRACTIC EXAMINERS › Division 30 - X-RAY › Section 811-030-0011 - X-Rays

Current through Register Vol. 63, No. 7, July 1, 2024
Staff employees of a chiropractic physician may be directed to
				take X-rays of a patient if they are in possession of a permit issued by the
				Oregon Board of Medical Imaging, but this permit is limited only to the taking
				of X-rays.
Statutory/Other Authority: ORS 684
Statutes/Other Implemented: ORS
				  684.155
Oregon Administrative Rules › Chapter 811 - BOARD OF CHIROPRACTIC EXAMINERS › Division 30 - X-RAY › Section 811-030-0020 - Scope of Radiography in the Chiropractic Practice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The radiographic diagnostic aspect of
			 chiropractic practice shall include all standard radiographic procedures that
			 do not conflict with ORS
			 684.025.
(2) All radiographs shall be of diagnostic
			 quality. Radiographic films are subject to review by the Board to determine
			 quality. Poor quality radiographs may result in disciplinary action.
(3) X-ray is not to be used for therapeutic
			 purposes.
(4) Fluoroscopy shall not
			 be used as a substitute for an initial radiographic study and shall be used
			 only with documented clinical justification.
(5) Chiropractic physicians may order or
			 refer patients for any diagnostic imaging study, including contrast studies
			 using radio-opaque substances. Use of radio-opaque substances for diagnostic
			 X-ray, other than by mouth or rectum, is not permitted.
(6) Pregnant patients shall not be
			 radiographed unless their symptoms are of such significance that the proper
			 treatment might be jeopardized without the use of such radiographs.
(7) All critical parts, i.e. fetus, eyes, and
			 thyroid gland, beyond the area of primary examination, shall be
			 shielded.
Statutory/Other Authority: ORS 684
Statutes/Other Implemented: ORS
				  684
Oregon Administrative Rules › Chapter 811 - BOARD OF CHIROPRACTIC EXAMINERS › Division 35 - CODE OF ETHICS › Section 811-035-0000 - Preamble and Application of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 In order to safeguard the health, safety, and welfare of the citizens of Oregon
			 and to establish and maintain a minimum standard of clinical competence,
			 integrity, and practice, the rules found within OAR Chapter 811 are binding on
			 every person holding a license to practice chiropractic and those holding a
			 certificate as a certified chiropractic assistant in this state.
(2) The rules as promulgated herein are an
			 exercise of the authority vested in the Board by acts of the legislature.
(3) All persons licensed or
			 certified under ORS 684 are charged with having knowledge of the existence of
			 these rules, must be deemed to be familiar with their provisions, and to
			 understand them. Such knowledge must encompass the understanding that the
			 practice of chiropractic is a privilege and not a right.
(4) OAR 811-035-0001  through 811-035-0036  may
			 be used as criteria by the Board in matters pertaining to the initial
			 licensing, revocation, or suspension of licenses or certificates issued by the
			 Board under ORS
			 684.040 to ORS
			 684.105,
			 or the discipline of any licensee or certificate holder.
Statutory/Other Authority: ORS 684
Oregon Administrative Rules › Chapter 811 - BOARD OF CHIROPRACTIC EXAMINERS › Division 35 - CODE OF ETHICS › Section 811-035-0001 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Diagnosis"
			 means the process of identifying a condition(s) or disease(s) that explains a
			 patient's signs, symptoms, and clinical presentation.
(2) "Differential diagnosis" means the
			 distinguishing of a particular disease or condition from others that present
			 similar clinical features.
(3)
			 "Direct supervision" means the licensed chiropractic physician is physically
			 present in the clinic, is monitoring the clinical duties of the supervisee and
			 is available to intervene, if necessary.
(4) "Ethical" means a licensee or certificate
			 holder who accepts and adheres to the requirements of the profession and who
			 conforms to the professional standards of conduct set forth in these rules.
(5) "Good moral character" means
			 an applicant or subject individual who has:
(a) Not committed an offense or crime
			 involving moral turpitude;
(b) Not
			 engaged in behavior involving dishonesty, fraud, deception, misrepresentation,
			 gross negligence, or incompetence;
(c) Answered truthfully and completely any
			 question asked by the Board on an application for licensure or certification,
			 or during the course of an investigation, or any other question asked by the
			 Board;
(d) Not had a professional
			 license revoked or suspended by this state, a political subdivision of this
			 state, or a regulatory board in another jurisdiction in or outside the United
			 States, or voluntarily surrendered a professional license in lieu of
			 disciplinary action;
(e) Not
			 displayed evidence of an existing and untreated drug, alcohol, or mind altering
			 substance dependency;
(f) Not been
			 subject to probation (not GPA related), expulsion, and/or disciplinary action
			 for conduct in an academic setting.
Oregon Administrative Rules › Chapter 811 - BOARD OF CHIROPRACTIC EXAMINERS › Division 35 - CODE OF ETHICS › Section 811-035-0005 - Duties and Obligations of Chiropractic Physicians to Their Patients

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The health and
			 welfare of the patient shall always be the first priority of chiropractic
			 physicians and expectation of remuneration shall not affect the quality of
			 service to the patient.
(2)
(a) The patient has the right to informed
			 consent regarding examination, therapy and treatment procedures, alternatives
			 and risks, and answers to questions (PARQ) in terms that they can reasonably
			 understand.
P - Procedures: examination, diagnosis, therapy, and treatment
				procedures
A - Alternatives: alternative options to examination or
				chiropractic treatment
R - Risks: risks and benefits associated with examination
				and/or chiropractic treatment
Q - Questions: answer any questions patients have regarding the
				examination or treatment
(b)
			 Chiropractic physicians shall perform and document a PARQ conference in order
			 to obtain informed consent from the patient prior to examination and treatment.
			 The PARQ conference and informed consent shall be noted within the patient
			 record.
Oregon Administrative Rules › Chapter 811 - BOARD OF CHIROPRACTIC EXAMINERS › Division 35 - CODE OF ETHICS › Section 811-035-0007 - Facial Covering Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Due to the COVID-19/Coronavirus pandemic
			 and associated declared state of emergency in Oregon, effective immediately,
			 all licensed chiropractic physicians, certified chiropractic assistants, and
			 preceptor chiropractic interns are required to do the following:
(a) All chiropractic entities must have
			 policies in place requiring all individuals to wear face coverings while in the
			 building and treatment areas;
(b)
			 All licensed chiropractic physicians, certified chiropractic assistants, and
			 preceptor chiropractic interns are required to wear a face coverings (that
			 cover the nose and mouth) at all times while providing patient care. Medical
			 grade masks should be prioritized, as they offer both source control and
			 protection from potentially infectious droplets, splashes, or sprays;
(c) Licensees and certificate holders shall
			 utilize proper hand sanitization and appropriately disinfect treatment room
			 surfaces and equipment that comes into contact with patients; and
(d) Licensees and certificate holders may
			 consider the addition of eye protection during patient care.
Oregon Administrative Rules › Chapter 811 - BOARD OF CHIROPRACTIC EXAMINERS › Division 35 - CODE OF ETHICS › Section 811-035-0008 - Healthcare Interpreter Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 chiropractic licensees who are reimbursed with public funds, in whole or in
			 part, must work with a healthcare interpreter from the healthcare interpreter
			 registry when communicating with a patient who prefers to communicate in a
			 language other than English or who communicates in signed language, unless the
			 chiropractic licensee is proficient in the patient's preferred
			 language.
(2) Any individual
			 providing healthcare interpreting services must meet the eligibility standards
			 established in Oregon Administrative Rule Chapter 333, division 2.
Statutory/Other Authority: ORS 684 & ORS
				  413.558
Statutes/Other Implemented: ORS
				  413.558
Oregon Administrative Rules › Chapter 811 - BOARD OF CHIROPRACTIC EXAMINERS › Division 35 - CODE OF ETHICS › Section 811-035-0019 - Sexual Unprofessional or Dishonorable Conduct

Current through Register Vol. 63, No. 7, July 1, 2024
Sexual unprofessional or dishonorable conduct means any
				unethical, deceptive, or deleterious conduct or practice harmful to the public;
				any departure from, or failure to conform to, the minimal standards of
				acceptable chiropractic practice; or a willful or careless disregard for the
				health, welfare, or safety of patients, in any of which cases proof of actual
				injury need not be established. Sexual unprofessional or dishonorable conduct
				shall include, but not be limited to, the following acts of
				licensees/certificate holders:
(1)
(a) Engaging in any conduct or verbal
			 behavior with or towards a patient that may reasonably be interpreted as
			 sexual, seductive, sexually demeaning, or romantic in nature;
(b) A licensee shall not engage in sexual
			 relations or have a romantic relationship with a current patient unless a
			 consensual sexual relationship or a romantic relationship existed between them
			 before the commencement of the doctor-patient relationship;
(c) A patient's initiation of, or
			 participation in, sexual behavior or involvement with a licensee does not
			 change the nature of the conduct nor lift the prohibition.
Oregon Administrative Rules › Chapter 811 - BOARD OF CHIROPRACTIC EXAMINERS › Division 35 - CODE OF ETHICS › Section 811-035-0025 - Methods of Discipline

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the methods enumerated in ORS
				684.100(9),
				in disciplining, imposing probation, or limiting the license of a person as
				authorized under ORS
				684.100(1),
				the Board may impose any reasonable conditions or limitations for the purpose
				of protecting the public, rehabilitating the licensee, or ensuring licensee's
				compliance with the statutes and rules governing the practice of
				chiropractic.
Statutory/Other Authority: ORS
				  684.155(1)(b)
Statutes/Other Implemented: ORS
				  684.100(9)(g)
Oregon Administrative Rules › Chapter 811 - BOARD OF CHIROPRACTIC EXAMINERS › Division 35 - CODE OF ETHICS › Section 811-035-0036 - Non-Disciplinary Administrative Citations for Minor Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board may issue a Notice of Civil
			 Penalty Citation for violations of the Oregon Administrative Rules that the
			 Board deems minor in degree. Such Notices shall include an explanation of, and
			 opportunity for, hearing rights in accordance with the Oregon Administrative
			 Procedures Act. The Notices shall be considered a Final Order on Default, with
			 appeal rights, if the licensee fails to request a hearing within the required
			 time. The Board delegates its authority to issue said Notices to the Board's
			 Executive Director and staff. Minor violations include, but are not limited to:
(a) Failing to maintain current email,
			 business, and mailing addresses with the Board;
(b) Failing to pay any fines or fees owed to
			 the Board;
(c) Failing to comply
			 with continuing education requirements;
(d) Failing to attend the Introduction to the
			 Board meeting when required by the Board;
(e) Failing to notify the Board within 10
			 days when licensee is convicted of a misdemeanor or felony, or who is arrested
			 for a felony crime;
(f) Failing to
			 release patient records upon written request within 30 days;
(g) Failing to provide notice when leaving,
			 selling, or retiring from the chiropractic office where the chiropractic
			 physician has provided chiropractic services no later than 30 days prior to the
			 last date the chiropractic physician worked at that location.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 1 - ADMINISTRATION › Section 812-00l-0030 - Ethics Policy

Current through Register Vol. 63, No. 7, July 1, 2024
The Construction Contractors Board adopts the agency's ethics
				policy number 1-3 revised September 22, 1998.
Stat. Auth.: ORS
				  244.040
Stats. Implemented: ORS
				  244.040
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 1 - ADMINISTRATION › Section 812-001-0051 - Rules of Procedure for Board Meetings

Current through Register Vol. 63, No. 7, July 1, 2024
The Construction Contractors Board adopts the following rules
				of procedure for Board and Committee meetings.
(1) The current edition of Sturgis Standard
			 Code of Parliamentary Procedure shall govern the procedures of the Board and
			 Committees in all parliamentary situations that are not otherwise provided for
			 by law or by Board rules.
(2) A
			 quorum must be present for the Board or Committee meeting to be called to order
			 and to make decisions. A majority of affirmative votes among the members
			 present are required for any official action or decision. Except in cases where
			 a member's vote would result in a prejudiced, biased, or unfair decision or
			 action, no member shall abstain from voting.
(3) In accordance with applicable governing
			 statutes, the chair shall establish the time, date, and place for the Board and
			 Committees to convene. Proper notice of all meetings, hearings, and matters
			 requiring notice shall be given to the members of the Board, the news media,
			 and all interested persons requesting notice.
(4) The chair shall work with the Board
			 Administrator to determine the substance of the agenda for each meeting. The
			 order of business for Board meetings, unless otherwise determined by the chair,
			 shall be:
(a) Call to order.
(b) Approval of agenda and order of
			 business.
(c) Approval of minutes
			 of previous meetings and previous Appeal Committee meetings.
(d) Consideration of cases on appeal and oral
			 argument, if any.
(e) Report of
			 Administrator and staff.
(f)
			 Unfinished business.
(g) New
			 business.
(h) Public
			 comment.
(i)
			 Announcements.
(j)
			 Adjournment.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 1 - ADMINISTRATION › Section 812-001-0100 - Notice of Proposed Rule

Current through Register Vol. 63, No. 7, July 1, 2024
Except as provided in OAR 812-001-0110, before adopting,
				amending, or repealing any permanent rule, the Construction Contractors Board
				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 or emailing a copy of the notice to persons on the Construction
			 Contractors Board's mailing list established pursuant to ORS
			 183.335(8) at
			 least 28 days before the effective date of rule.
(3) By mailing or emailing a copy of the
			 notice at least 28 days before the effective date of the rule to the:
(a) Associated Press;
(b) Oregon Labor Press;
(c) Capitol Press Room, State
			 Capitol;
(d) Oregon Consumer
			 League; and
(e) Oregon Department
			 of Health.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 1 - ADMINISTRATION › Section 812-001-0110 - Temporary Rule

Current through Register Vol. 63, No. 7, July 1, 2024
The Construction Contractors Board Administrator may adopt,
				amend, or suspend a rule as provided in ORS
				183.335.
Stat. Auth.: ORS
				  183.325 &
				  701.235
Stats. Implemented: ORS
				  183.325 &
				  701.235
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 1 - ADMINISTRATION › Section 812-001-0120 - Uniform and Model Rules

Current through Register Vol. 63, No. 7, July 1, 2024
The Construction Contractors Board adopts the Attorney
				General's Model Rules of Procedure, OAR 137-001-0005  to 137-005-0070, revised
				January 31, 2012.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  183.341
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 1 - ADMINISTRATION › Section 812-001-0130 - Disposal of Large Objects Submitted as Exhibits

Current through Register Vol. 63, No. 7, July 1, 2024
Large objects submitted with a complaint or as exhibits in a
				hearing or arbitration may be returned to the custody of the submitting party
				or disposed of by the agency after 90 calendar days following the date of the
				final order.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  183.415,
				  183.460 &
				  701.145
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 1 - ADMINISTRATION › Section 812-001-0135 - Receipt Date of Documents

Current through Register Vol. 63, No. 7, July 1, 2024
Any document delivered to the agency, including documents
				delivered by mail, fax, e-mail, or any other type of delivery, before or at
				12:00:00 midnight will be considered received on the day of delivery ending at
				midnight. Any document delivered to the agency after 12:00:00 midnight will be
				considered received on the day of delivery beginning immediately after
				midnight.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 1 - ADMINISTRATION › Section 812-001-0140 - Response Time to Notices

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Time for response to a notice delivered pursuant to ORS
			 701.117 shall run from the date
			 of mailing.
(2) OAR
			 137-003-0520(11)  shall apply to the computation of time to respond to a notice
			 under this rule, whether the notice is related to a contested case, arbitration
			 or any other matter.
Stat. Auth.: ORS
				  183.415,
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  183.415 &
				  701.117
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 1 - ADMINISTRATION › Section 812-001-0160 - Requests for Information; Charges for Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The agency shall provide certification of
			 license or non-license relating to a specific entity upon written request and
			 payment of required fee. This certification will include the following
			 information:
(a) License numbers.
(b) Name of licensed entity and any assumed
			 business names on file with the agency.
(c) Type of business entity.
(d) Category of license.
(e) Class of independent contractor license
			 status.
(f) Personal names of
			 owner, partners, joint venturers, members, corporate officers, or
			 trustees.
(g) The dates in the
			 license history and the action that took place on those dates.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 1 - ADMINISTRATION › Section 812-001-0180 - Refunds; NSF Check Charge

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The agency shall refund a fee or civil penalty paid to it in excess of the
			 amount legally due if the agency, within three years of the date of payment,
			 determines that it received excessive payment.
(2) After three years, the agency may refund
			 a fee or civil penalty paid to it in excess of the amount legally due, if
			 requested to do so by the person who made the excessive payment.
(3) If the agency receives payment of any
			 fees or penalty by check and the check is returned to the agency as an NSF
			 check, the payer of the fees will be assessed an NSF charge of $25 in addition
			 to the required payment of the fees or penalty.
Stat. Auth.: ORS
				  293.445, 670, 310 &
				  701.235
Stats. Implemented: ORS
				  293.445 &
				  701
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 1 - ADMINISTRATION › Section 812-001-0200 - Consumer Notices Adoption

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 In order to comply with the requirement to adopt an information notice to owner
			 under ORS 87.093, the Construction
			 Contractors Board adopts the form entitled "Information Notice to Owner About
			 Construction Liens," as revised January 1, 2010. This form may be obtained from
			 the agency.
(2) In order to comply
			 with the requirement to adopt a consumer notice form under ORS
			 701.330(1), the
			 board adopts the form "Consumer Protection Notice" as revised April 26,
			 2011.
(3) In order to comply with
			 the requirement to adopt an "Information Notice to Property Owners About
			 Construction Responsibilities" form under ORS
			 701.325(3), the
			 board adopts the form "Information Notice to Property Owners About Construction
			 Responsibilities" as revised September 23, 2008.
(4) In order to comply with the requirement
			 to adopt a notice of procedure form under ORS
			 701.330(2), the
			 board adopts the form "Notice of Procedure" dated December 4, 2007.
(5) The board adopts the form "Notice of
			 Compliance with Homebuyer Protection Act" (HPA) as revised December 1,
			 2010.
(6) The board adopts the form
			 "Model Features for Accessible Homes" dated December 4, 2007.
(7) The board adopts the form "Home
			 Inspection Consumer Notice" dated October 27, 2009.
Stat. Auth.: ORS
				  87.093,
				  670.310,
				  701.235,
				  701.325,
				  701.330 &
				  701.530
Stats. Implemented: ORS
				  87.007,
				  87.093,
				  701.235,
				  701.325,
				  701.330 &
				  701.530
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 1 - ADMINISTRATION › Section 812-001-0220 - Unpaid Court Judgment Form Adoption

Current through Register Vol. 63, No. 7, July 1, 2024
The Construction Contractors Board adopts the form "Unpaid
				Court Judgment Filing With the CCB (ORS
				701.109)".
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.109
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 1 - ADMINISTRATION › Section 812-001-0500 - Confidentiality and Inadmissibility of Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The words and
			 phrases used in this rule have the same meaning as given to them in ORS
			 36.110 and
			 36.234.
(2) Nothing in this rule affects any
			 confidentiality created by other law. Nothing in this rule relieves a public
			 body from complying with the Public Meetings Law, ORS
			 192.610 to
			 192.710. Whether or not they are
			 confidential under this or other rules of the agency, mediation communications
			 are exempt from disclosure under the Public Records Law to the extent provided
			 in 192.410 to
			 192.505.
(3) This rule applies only to mediations in
			 which the agency is a party or is mediating a dispute as to which the agency
			 has regulatory authority. This rule does not apply when the agency is acting as
			 the "mediator" in a matter in which the agency also is a party as defined in
			 ORS 36.234.
(4) To the extent mediation communications
			 would otherwise be compromise negotiations under ORS
			 40.190 (OEC Rule 408), those
			 mediation communications are not admissible as provided in ORS
			 40.190 (OEC Rule 408),
			 notwithstanding any provisions to the contrary in section (9) of this
			 rule.
(5) Mediations Excluded.
			 Sections (6)-(10) of this rule do not apply to:
(a) Mediation of workplace interpersonal
			 disputes involving the interpersonal relationships between this agency's
			 employees, officials or employees and officials, unless a formal grievance
			 under a labor contract, a tort claim notice or a lawsuit has been filed;
			 or
(b) Mediation in which the
			 person acting as the mediator will also act as the hearings officer in a
			 contested case involving some or all of the same matters;
(c) Mediation in which the only parties are
			 public bodies;
(d) Mediation
			 involving two or more public bodies and a private party if the laws, rule or
			 policies governing mediation confidentiality for at least one of the public
			 bodies provide that mediation communications in the mediation are not
			 confidential;
(e) Mediation
			 involving 15 or more parties if the agency has designated that another
			 mediation confidentiality rule adopted by the agency may apply to that
			 mediation; or
(f) Mediation by an
			 authorized representative acting on behalf of the Construction Contractors
			 Board in which the parties to the mediation are parties to a complaint or
			 arbitration filed under ORS
			 701.131 to
			 701.145, unless the mediator and
			 the parties elect by written agreement consistent with the form set out in
			 section (8) of this rule to participate in a confidential mediation.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 1 - ADMINISTRATION › Section 812-001-0510 - Confidentiality and Inadmissibility of Workplace Interpersonal Dispute Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 This rule applies to workplace interpersonal disputes, which are disputes
			 involving the interpersonal relationships between this agency's employees,
			 officials or employees and officials. This rule does not apply to disputes
			 involving the negotiations of labor contracts or matters about which a formal
			 grievance under a labor contract, a tort claim notice or a lawsuit has been
			 filed.
(2) The words and phrases
			 used in this rule have the same meaning as given to them in ORS
			 36.110 and
			 36.234.
(3) Nothing in this rule affects any
			 confidentiality created by other law.
(4) To the extent mediation communications
			 would otherwise be compromise negotiations under ORS
			 40.190 (OEC Rule 408), those
			 mediation communications are not admissible as provided in ORS
			 40.190 (OEC Rule 408),
			 notwithstanding any provisions to the contrary in section (9) of this
			 rule.
(5) Disclosures by Mediator.
			 A mediator may not disclose or be compelled to disclose mediation
			 communications in a mediation and, if disclosed, such communications may not be
			 introduced into evidence in any subsequent administrative, judicial or
			 arbitration proceeding unless:
(a) All the
			 parties to the mediation and the mediator agree in writing to the disclosure;
			 or
(b) The mediation communication
			 may be disclosed or introduced into evidence in a subsequent proceeding as
			 provided in subsections (c) or (h)-(j) of section (7) of this rule.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0001 - Applicant

Current through Register Vol. 63, No. 7, July 1, 2024
"Applicant" has the same meaning as licensee.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0002 - Application of Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Unless other wise provided, definitions in this division apply
				to the rules in this chapter and statutes in ORS Chapter 701.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0011 - Administrative Law Judge

Current through Register Vol. 63, No. 7, July 1, 2024
"Administrative law judge" means a person authorized to conduct
				hearings for the Office of Administrative Hearings.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.145 &
				  701.146
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0020 - Agency

Current through Register Vol. 63, No. 7, July 1, 2024
"Agency" means the administrative agency including the staff of
				the Construction Contractors Board.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.515
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0035 - Appeal Committee

Current through Register Vol. 63, No. 7, July 1, 2024
"Appeal Committee" means the appeal committee appointed under
				ORS 701.260.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.260
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0040 - Appurtenance

Current through Register Vol. 63, No. 7, July 1, 2024
"Appurtenance" means any accessory improvement to real estate
				associated with a structure.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  656.027,
				  701.005,
				  701.139,
				  701.145,
				  701.146 &
				  701.325
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0060 - Bid

Current through Register Vol. 63, No. 7, July 1, 2024
"Bid" as used in ORS
				701.021 does not include a
				prospectus for an art project.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  279C.460 & 701
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0080 - Board

Current through Register Vol. 63, No. 7, July 1, 2024
"Board" means the nine-member appointed Construction
				Contractors Board.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  87.058,
				  87.093 &
				  701
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0120 - Casual, Minor or Inconsequential

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Casual, minor or inconsequential" as
			 used in ORS 701.010(4)
			 means work:
(a) That does not require a
			 permit;
(b) That does not affect
			 the health or safety of the owner or occupant of the structure;
(c) For which the aggregate contract price
			 for all work on one structure or project is less than $1,000; and
(d) That does not include work done as a
			 subcontractor to a licensee.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 2 - DEFINITIONS › Section 812-002-0140 - Complaint

Current through Register Vol. 63, No. 7, July 1, 2024
"Complaint," as used in OAR chapter 812, means a complaint
				filed and processed under ORS
				701.131-701.180. Complaints are
				classified by type as follows:
(1)
			 "Construction lien complaint" is a complaint filed by an owner against a
			 primary contractor to discharge or to recoup funds expended in discharging a
			 construction lien filed by an employee, supplier or subcontractor because the
			 primary contractor did not pay the employee, supplier or
			 subcontractor.
(2) "Employee
			 complaint" is a complaint for unpaid wages or benefits filed by an employee of
			 a licensee or by the State of Oregon Bureau of Labor and Industries to collect
			 unpaid wages from a licensee for work done by the employee relating to the
			 licensee's operation as a contractor under ORS Chapter 701.
(3) "Employee trust complaint" is a complaint
			 for unpaid payments for employee benefits filed by a trustee with authority to
			 manage and control a fund that receives the employee benefit
			 payments.
(4) "Material complaint"
			 is a complaint filed by a supplier who has not been paid for materials sold to
			 a licensee to be used and installed in a specific structure located within the
			 boundaries of the State of Oregon, or for the rental of equipment to a licensee
			 to be used in the performance of the work of a contractor in connection with
			 such a structure.
(5) "Owner
			 complaint" is a complaint filed by an owner for breach of contract, or for
			 negligent or improper work subject to ORS Chapter 701, or a construction lien
			 complaint.
(6) "Primary contractor
			 complaint" is a complaint by a primary contractor against a licensed
			 subcontractor.
(7) "Subcontractor
			 complaint" is a complaint filed by a subcontractor arising out of a contract
			 between the subcontractor and a primary contractor for unpaid labor or
			 materials furnished under the contract.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  87.058,
				  87.093 & Ch.
				  701