reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 877 - BOARD OF LICENSED SOCIAL WORKERS › Division 20 - PROCEDURE FOR CERTIFICATION OF CLINICAL SOCIAL WORK ASSOCIATES AND LICENSING OF LICENSED CLINICAL SOCIAL WORKERS › Section 877-020-0071 - Temporary Clinical Social Work License During a Declared Emergency for People Qualified in Another Jurisdiction

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In the event of a disaster or emergency
			 declared by the Governor of Oregon, the Board may issue a Temporary Clinical
			 Social Work License to an individual who is licensed as a clinical social
			 worker in another state or province. The Temporary Clinical Social Work License
			 will allow the licensee to provide clinical social work services in Oregon
			 during the period of the declared disaster or emergency, subject to such
			 limitations and conditions set forth in this rule and as may be prescribed by
			 Order of the Governor of Oregon.
(2) An applicant for a Temporary Clinical
			 Social Work License to be issued under this rule must submit the following to
			 the Board:
(a) Completed application for a
			 Temporary Clinical Social Work License issued under this rule;
(b) Verification of a permanent, active and
			 unrestricted license to practice independent clinical social work in another
			 state or province with no pending investigation or disciplinary action by a
			 state or provincial board, or another state or federal agency;
(c) Current photographic federal or state
			 identification.
(d) If available,
			 documentation demonstrating a request as a result of the declaration of a
			 disaster or emergency in Oregon to provide clinical social work services by an
			 employer or Board-recognized public health organization, Emergency Medical
			 Service agency, county, state or federal entity.
Oregon Administrative Rules › Chapter 877 - BOARD OF LICENSED SOCIAL WORKERS › Division 20 - PROCEDURE FOR CERTIFICATION OF CLINICAL SOCIAL WORK ASSOCIATES AND LICENSING OF LICENSED CLINICAL SOCIAL WORKERS › Section 877-020-0081 - Temporary Clinical Social Work License During a Declared Emergency for Expired Oregon LCSW

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In the event
			 of a disaster or emergency declared by the Governor of Oregon, the Board may
			 issue a Temporary Clinical Social Work License to an individual who was
			 previously licensed with the Board as a Licensed Clinical Social Worker, but
			 voluntarily allowed that license to expire. The Temporary Clinical Social Work
			 License will allow the licensee to provide clinical social work services in
			 Oregon during the period of the declared disaster or emergency, subject to such
			 limitations and conditions set forth in this rule and as may be prescribed by
			 Order of the Governor of Oregon.
(2) An applicant for a Temporary Clinical
			 Social Work License to be issued under this rule must submit the following to
			 the Board:
(a) Completed application for a
			 Temporary Clinical Social Work License issued under this rule;
(b) Current photographic federal or state
			 identification.
(c) If available,
			 documentation demonstrating a request as a result of the declaration of a
			 disaster or emergency in Oregon to provide clinical social work services by an
			 employer or Board-recognized public health organization, Emergency Medical
			 Service agency, county, state or federal entity.
Oregon Administrative Rules › Chapter 877 - BOARD OF LICENSED SOCIAL WORKERS › Division 22 - CRIMINAL RECORDS CHECK › Section 877-022-0005 - Requirements Pertaining to Criminal Records Check

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person who wishes to be registered,
			 certified, or licensed under this chapter must meet the fitness requirements of
			 OAR 877-015-0108  or 877-020-0008, as applicable. As part of a fitness
			 determination, the board considers past conduct, including conduct that
			 resulted in a criminal conviction, that is related to a person's honesty, or is
			 related to the practice of social work. The purpose of this rule is to
			 implement ORS 181.534(9) and
			 provide for criminal records checks by the board. The results of criminal
			 records checks are used by the board to determine fitness to be a regulated
			 social worker.
(2) The following
			 persons must, upon request of the board, take the steps necessary to complete a
			 request for a state or nationwide criminal records check under ORS
			 181.534:
(a) A person who applies to be a regulated
			 social worker.
(b) A regulated
			 social worker who is the subject of inquiry by the board.
Oregon Administrative Rules › Chapter 877 - BOARD OF LICENSED SOCIAL WORKERS › Division 25 - CONTINUING EDUCATION REPORTING REQUIREMENTS › Section 877-025-0001 - General

Current through Register Vol. 63, No. 7, July 1, 2024
A regulated social worker must complete and report continuing
				education according to the requirements of OAR Chapter 877, Division 025. A
				certified social work associate is not required to complete or report
				continuing education.
Statutory/Other Authority: ORS 675-510-675.600
Statutes/Other Implemented: ORS 675.510 -
				  675.600
Oregon Administrative Rules › Chapter 877 - BOARD OF LICENSED SOCIAL WORKERS › Division 25 - CONTINUING EDUCATION REPORTING REQUIREMENTS › Section 877-025-0006 - Types of Continuing Education

Current through Register Vol. 63, No. 7, July 1, 2024
To meet the requirements of OAR 877-025-0011, continuing
				education must be one of the following:
(1) A conference, seminar, book, journal
			 article or workshop that:
(a) Addresses
			 subjects related to the regulated social worker's work practice;
(b) Is attended (or read as applicable) by
			 the regulated social worker in person or on-line; and
(c) Is provided or approved by a
			 credentialing body recognized and approved by the board. The board considers
			 the following criteria and practices, among others, in determining whether to
			 recognize and approve a credentialing body:
(A) Use of an established process for
			 determining which training to provide or approve;
(B) Use of an established process for
			 determining who will present the training;
(C) Provision of written materials that
			 demonstrate the relevance of the training to the field of clinical social
			 work;
(D) Establishment of an
			 appropriate number of continuing education credits for the training;
(E) Verification of the credentials of the
			 presenters of the training;
(F) Use
			 of an established system for the evaluation of presenters; and
(G) Provision of a certificate of completion
			 to those who attend, based on actual attendance.
Oregon Administrative Rules › Chapter 877 - BOARD OF LICENSED SOCIAL WORKERS › Division 25 - CONTINUING EDUCATION REPORTING REQUIREMENTS › Section 877-025-0011 - Required Hours of Continued Education

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A regulated
			 social worker is required to report continuing education for all periods during
			 which the person's registration or license is active except for the period
			 covered by the initial certificate of registration or license, unless a waiver
			 is granted under section (2) of this rule. An initial issuance is the first
			 issuance of the board of a certificate of registration or license to the
			 regulated social worker.
(2)
			 Following the first renewal of a certificate of registration or license, except
			 when the regulated social worker is on inactive status, the regulated social
			 worker must complete continuing education in each reporting period at the times
			 described in OAR 877-025-0021. The holder of an inactive certificate of
			 registration or license is not required to submit the biennial
			 report.
(3) A report covering a
			 two-year period must include:
(a) For a
			 registered baccalaureate social worker, a minimum of 20 hours of creditable
			 continuing education, including a minimum of 3 hours of ethics and 3 hours in
			 cultural competence.
(b) For a
			 master's social worker, a minimum of 30 hours of creditable continuing
			 education, including a minimum of 4 hours of ethics and 4 hours in cultural
			 competence.
(c) For a licensed
			 clinical social worker, a minimum of 40 hours of creditable continuing
			 education, including a minimum of 6 hours of ethics and 6 hours in cultural
			 competence.
Oregon Administrative Rules › Chapter 877 - BOARD OF LICENSED SOCIAL WORKERS › Division 25 - CONTINUING EDUCATION REPORTING REQUIREMENTS › Section 877-025-0021 - Reporting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Regulated
			 social workers must report the completion of continuing education every two
			 years in a manner prescribed by the board. The report must be made at the time
			 the regulated social worker submits an application to renew a certificate or
			 license and must be submitted before the end of the licensee's birthday renewal
			 month. Continuing education after the end of the licensee's birthday renewal
			 month may not be accepted to meet the requirements of the prior renewal period,
			 but may be accepted to meet the CE requirements for the new renewal
			 period.
(2) The report is part of
			 the renewal application and must contain information sufficient to demonstrate
			 that the regulated social worker has met the requirements in this division of
			 rules. A regulated social worker who fails to meet the requirements is subject
			 to a denial of the application for renewal or to sanction by the board unless
			 the failure was due to circumstances beyond the reasonable control of the
			 regulated social worker and the regulated social worker agrees to a plan to
			 compensate for the deficiency.
(3)
			 The Board conducts routine, random audits of compliance with continuing
			 education requirements. A regulated social worker must retain completion
			 certificates, program information, and other documents needed to demonstrate
			 compliance with the requirements of this division of rules for a minimum of 24
			 months after reporting completion of continuing education requirements to the
			 board and must provide them to the Board upon request.
Statutory/Other Authority: ORS 675.510-675.600
Statutes/Other Implemented: ORS 675.510 -
				  675.600
Oregon Administrative Rules › Chapter 877 - BOARD OF LICENSED SOCIAL WORKERS › Division 30 - CODE OF ETHICS FOR REGULATED SOCIAL WORKERS › Section 877-030-0025 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
The following rules in this division of rules provide a
				standard of ethics to be followed by regulated social workers and applicants
				for licensure or certification to practice as a regulated social
				worker.
Stat. Auth.: ORS
				  675.510 -
				  675.600 & 675.900
Stats. Implemented: ORS
				  675.595
Oregon Administrative Rules › Chapter 877 - BOARD OF LICENSED SOCIAL WORKERS › Division 30 - CODE OF ETHICS FOR REGULATED SOCIAL WORKERS › Section 877-030-0030 - Ethical Responsibility

Current through Register Vol. 63, No. 7, July 1, 2024
Regulated social workers' ethical responsibilities to their
				clients begin when the client-provider professional relationship is entered
				into by the regulated social worker and the client and remain in effect until
				the relationship is terminated by either party, except as provided in OAR
				877-030-0070.
Stat. Auth.: ORS
				  675.510 -
				  675.600 & 675.900
Stats. Implemented: ORS
				  675.595
Oregon Administrative Rules › Chapter 877 - BOARD OF LICENSED SOCIAL WORKERS › Division 30 - CODE OF ETHICS FOR REGULATED SOCIAL WORKERS › Section 877-030-0040 - Conduct and Reporting Requirements of Regulated Social Workers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Conduct: The
			 following minimum standards of professional conduct apply to regulated social
			 workers:
(a) Private conduct of regulated
			 social workers is a personal matter to the same extent as with any other
			 person, except when that conduct compromises the fulfillment of professional
			 responsibilities.
(b) Regulated
			 social workers may not participate in, condone, or be associated with
			 dishonesty, fraud, deceit, or misrepresentation.
(c) Regulated social workers may not
			 misrepresent their professional qualifications, education, experience, or
			 affiliations.
Oregon Administrative Rules › Chapter 877 - BOARD OF LICENSED SOCIAL WORKERS › Division 30 - CODE OF ETHICS FOR REGULATED SOCIAL WORKERS › Section 877-030-0070 - Ethical Responsibility to Clients

Current through Register Vol. 63, No. 7, July 1, 2024
A regulated social worker's primary responsibility is to
				clients. Regulated social workers must serve clients with professional skill
				and competence including but not limited to the following:
(1) Dual Relationship:
(a) Regulated social workers must not violate
			 their position of power, trust, and dependence;
(b) Regulated social workers may not enter
			 into a relationship with a client that conflicts with the ability of the client
			 to benefit from social work practice;
(c) Regulated social workers may not enter
			 into a relationship with a client that may impair the regulated social worker's
			 professional judgment or increase the risk of exploitation of the
			 client;
(d) Regulated social
			 workers may not enter into a relationship with a client that increases the risk
			 of exploitation for the client for the regulated social worker's
			 advantage;
(e) Regulated social
			 workers may not provide professional social-work services to an employee,
			 supervisee, close colleague, or relative, or to any other person if there is a
			 risk that providing the service would impair the regulated social worker's
			 judgment or increase risk of client exploitation.
(f) Regulated social workers may not enter
			 into an employer, supervisor, or any other relationship if there is a potential
			 for exercising undue influence on a client. This includes the sale of services
			 or goods in a manner that might exploit a client for the financial gain or
			 personal gratification of the regulated social worker or a third party, or if
			 there is a risk that such a relationship would be likely to impair the
			 regulated social worker's judgment and increase the risk of client
			 exploitation. This applies both to current clients and to those to whom the
			 regulated social worker has, at any time in the previous year, rendered
			 services as a regulated social worker.
(g) Regulated social workers may not, under
			 any circumstances, engage in or solicit sexual acts or engage in any conduct,
			 verbal behavior or other communication with or towards a client that may
			 reasonably be interpreted as sexual, seductive or sexually demeaning. This
			 prohibition applies to current clients and to clients to whom the regulated
			 social worker has at anytime within the previous three years provided social
			 work services. The client's consent to, initiation of, or participation in,
			 sexual behavior with the regulated social worker does not change the prohibited
			 nature of the conduct.
Oregon Administrative Rules › Chapter 877 - BOARD OF LICENSED SOCIAL WORKERS › Division 30 - CODE OF ETHICS FOR REGULATED SOCIAL WORKERS › Section 877-030-0080 - Administrators, Supervisors, and Teachers of Clinical Practice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A regulated
			 social worker serving as an administrator, supervisor, or teacher must promote
			 conditions that foster and support ethical and competent professional
			 performance.
(2) Clinical social
			 workers in the role of administrator, supervisor, or teacher may not, under any
			 circumstances, engage in a sexual relationship with a supervisee or
			 student.
(3) Clinical social
			 workers in the role of administrator, supervisor, or teacher may not enter into
			 a therapeutic relationship with any employee, supervisee, or student.
(4) Clinical social workers in the role of
			 administrator, supervisor, or teacher must explicitly define the conditions of
			 their professional relationship to their supervisees or students.
(5) Clinical social workers as an employer,
			 or in the role of administrator, supervisor, or teacher, must support and
			 emphasize the need for formulation, development, enactment, and implementation
			 of policies and agency rules which provide for safeguarding the rights of
			 clients.
(6) Clinical social
			 workers as employer, or in the role of administrator, supervisor, or teacher,
			 bear the ethical responsibility for persons practicing under their direct
			 supervision who are not regulated by professional registration, certification,
			 or license.
Stat. Auth.: ORS
				  675.510 -
				  675.600 & 675.900
Stats. Implemented: ORS
				  675.510 -
				  675.600 &
				  675.900
Oregon Administrative Rules › Chapter 877 - BOARD OF LICENSED SOCIAL WORKERS › Division 30 - CODE OF ETHICS FOR REGULATED SOCIAL WORKERS › Section 877-030-0090 - General Provisions Governing Conduct

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A regulated social worker must cooperate
			 with the Board, its investigators, and its committees in investigations made
			 under OAR Chapter 877.
(2) A
			 regulated social worker must fully comply with a final order issued to the
			 regulated social worker by the Board.
(3) A regulated social worker must in
			 connection with the practice of social work fully comply with Executive Orders
			 issued by the Governor during a declared disaster or emergency.
Statutory/Other Authority: ORS
				  675.510  - 675.600 & 675.900
Statutes/Other Implemented: ORS
				  675.595
Oregon Administrative Rules › Chapter 877 - BOARD OF LICENSED SOCIAL WORKERS › Division 30 - CODE OF ETHICS FOR REGULATED SOCIAL WORKERS › Section 877-030-0100 - Retention of Client Records; Disposition of Client Records in Case of Death or Incapacity of Licensee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 this rule, "client record" means information maintained in a written or
			 electronic form regarding treatment or billing of a client.
(2) A regulated social worker who serves
			 clients outside of an agency setting must ensure that a client record is
			 maintained for each such client and that all client records are legible and are
			 kept in a secure, safe, and retrievable condition. At a minimum, a client
			 record must include an assessment of the client, a treatment or intervention
			 plan, and progress notes of therapy sessions, all of which should be recorded
			 concurrently with the services provided.
(3) Retention of records. A regulated social
			 worker must retain a client record for seven years from the date of the last
			 session with the client.
(4) A
			 regulated social worker in private practice must make necessary arrangements
			 for the maintenance of and access to client records that ensure the clients'
			 right to confidentiality in the event of the death or incapacity of the
			 licensee. In regard to this requirement:
(a)
			 The regulated social worker must name a qualified person or appropriately
			 qualified records management company to intercede for client welfare and to
			 make necessary referrals, when appropriate.
(b) The regulated social worker must keep the
			 board informed of the name of the qualified person or records management
			 company.
(c) The board will not
			 release the name of the qualified person or records management company except
			 in the following cases:
(A) The death or
			 incapacity of the regulated social worker
(B) A client is unable to locate the
			 regulated social worker.
Oregon Administrative Rules › Chapter 877 - BOARD OF LICENSED SOCIAL WORKERS › Division 30 - CODE OF ETHICS FOR REGULATED SOCIAL WORKERS › Section 877-030-0110 - Social Workers Conducting Child Custody Evaluations and/or Parenting Time Evaluations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 rule establishes the standards for all regulated social workers conducting
			 child custody evaluations and parenting time evaluations, as described in ORS
			 Chapter 107.
(2) For purposes of
			 this rule "evaluator" refers to a person who is conducting a child custody or
			 parenting time evaluation, licensed as a Clinical Social Worker under ORS
			 675.530, certified as a Clinical Social Work Associate under ORS 675.537,
			 licensed as a Master's Social Worker under ORS 675.533, or registered as a
			 Baccalaureate Social Worker under ORS 675.532, and working within their
			 certificate, license, or registration's applicable scope of practice.
(3) An evaluator must conduct each
			 evaluation in a fair and impartial manner with professional skill, knowledge
			 and conduct that does not impair the evaluator's professional judgement.
(4) An evaluator must refer the
			 child custody evaluation or parenting time evaluation services to another
			 qualified professional whenever the evaluator is unable to continue or complete
			 the evaluation without fair or impartial assessments, professional skill,
			 judgement or conduct.
(5) An
			 evaluator conducting a child custody or parenting time evaluation must, prior
			 to starting any component of an evaluation:
(a) Inform and explain, both verbally and in
			 writing, to each parent and party to the proceeding all of the information
			 required in subsection (6) of this rule, which is a process disclosure and
			 referred to in this rule as "informed consent;" and
(b) Obtain signed acknowledgement from each
			 parent and party to the proceeding of having received, understood, and agreed
			 to the disclosed information and terms of the informed consent provided
			 therein.
Oregon Administrative Rules › Chapter 877 - BOARD OF LICENSED SOCIAL WORKERS › Division 40 - PROCEDURES FOR HANDLING COMPLAINTS TO THE BOARD › Section 877-040-0000 - Management of Complaints

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 board intends to provide fair, expeditious response to complaints.
(2) A board member who is unable to render an
			 impartial, objective decision regarding a complaint must abstain from
			 participating in the preparation, hearing, deliberation and disposition of the
			 complaint. An abstention is effective at the time a board member announces a
			 decision not to participate.
(3) A
			 board member who is a complainant or respondent in a complaint is disqualified
			 from participating in the preparation, hearing, deliberation and disposition of
			 the complaint.
(4) The board may
			 initiate a complaint.
(5) The
			 Consumer Protection Committee oversees investigations of complaints received by
			 the board. The committee may conduct investigations, prepare reports, require
			 evaluations, and negotiate proposed agreements and may perform other duties
			 prescribed by the board. In carrying out these duties, the committee may assign
			 to the board's staff the duties of conducting investigations and preparing
			 reports. Subject to the approval of the committee, the board Executive Director
			 may assist in negotiating a proposed agreement with a respondent.
(6) If the complainant is a client or former
			 client of the respondent, the complainant must sign a waiver of confidentiality
			 granting the board and its counsel access to records and other materials that
			 are the ethical and legal responsibility of the respondent. Refusal by a
			 complainant to comply with this requirement may result in the dismissal of the
			 complaint.
Stat. Auth.: ORS
				  675.510 -
				  675.600, 675.900 &
				  675.990
Stats. Implemented: ORS
				  675.595(2)
Oregon Administrative Rules › Chapter 877 - BOARD OF LICENSED SOCIAL WORKERS › Division 40 - PROCEDURES FOR HANDLING COMPLAINTS TO THE BOARD › Section 877-040-0003 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply in this division of
				rules:
(1) "Complainant" - A person or
			 group of persons who files a complaint or the Board for Board-initiated
			 complaints.
(2) "Complaint" - A
			 report or an allegation that a person regulated by the board has committed an
			 act that could subject the person to discipline under ORS
			 675.540 or is impaired. A
			 complaint should specifically describe the conduct complained of to the best of
			 the ability of the complainant
(3)
			 "Consumer Protection Committee" - A committee of one or more board members
			 assigned by the board to fulfill specified functions related to complaints.
			 There may be more than one Consumer Protection Committee.
(4) "Impairment" - an inability to practice
			 with reasonable competence and safety due to the habitual or excessive use of
			 drugs or alcohol, other chemical dependency or a mental health
			 condition.
(5) "Respondent" - A
			 person regulated by the board against whom a complaint is filed.
(6) "Social work" in ORS
			 675.540(1)(c) and
			 (1)(d) means "clinical social work" as
			 defined in ORS 675.510(2).
Stat. Auth.: ORS
				  675.510 -
				  675.600, 675.900 &
				  675.990
Stats. Implemented: ORS
				  675.595
Oregon Administrative Rules › Chapter 877 - BOARD OF LICENSED SOCIAL WORKERS › Division 40 - PROCEDURES FOR HANDLING COMPLAINTS TO THE BOARD › Section 877-040-0010 - Form of Complaints

Current through Register Vol. 63, No. 7, July 1, 2024
Any person may file a complaint alleging a violation of ORS
				675.510 to
				675.600 or of the rules of the
				board or an impairment. A complaint must identify the complainant and the
				respondent.
Stat. Auth.: ORS
				  675.510 -
				  675.600, 675.900 &
				  675.990
Stats. Implemented: ORS
				  675.595(11)
Oregon Administrative Rules › Chapter 877 - BOARD OF LICENSED SOCIAL WORKERS › Division 40 - PROCEDURES FOR HANDLING COMPLAINTS TO THE BOARD › Section 877-040-0015 - Notification to Respondent

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Consumer Protection Committee may send a letter to the respondent stating the
			 nature of the investigation and, if appropriate, an authorization to release
			 confidential records. The committee will ask the respondent to provide a
			 written reply within 30 days together with documents the respondent considers
			 relevant.
(2) If the respondent
			 replies to the request of the board, the reply is reviewed by the Consumer
			 Protection Committee. The committee may ask for additional or more specific
			 information.
Stat. Auth.: ORS
				  675.510 -
				  675.600, 675.900 &
				  675.990
Stats. Implemented: ORS
				  675.595(11)
Oregon Administrative Rules › Chapter 877 - BOARD OF LICENSED SOCIAL WORKERS › Division 40 - PROCEDURES FOR HANDLING COMPLAINTS TO THE BOARD › Section 877-040-0016 - Reporting Possible Prohibited Conduct to Law Enforcement Agency

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If, during the
			 investigation of a complaint, a member of the Consumer Protection Committee or
			 any board member believes a respondent has engaged in prohibited conduct, the
			 committee or member must refer the case as soon as practicable to the board for
			 its review. The board will review the case not later than the next regularly
			 scheduled board meeting and will determine whether it has reasonable cause to
			 believe that the respondent has engaged in prohibited conduct.
(2) If the board concludes there is
			 reasonable cause to believe that the respondent has engaged in prohibited
			 conduct, the board will present the facts to an appropriate law enforcement
			 agency within 10 working days.
(3)
			 In this rule, the term "prohibited conduct" has the same meaning given to it in
			 section 1 (1)(c), chapter 536, Oregon Laws 2009. "Prohibited conduct" means
			 conduct by a licensee that:
(a) Constitutes a
			 criminal act against a patient or client; or
(b) Constitutes a criminal act that creates a
			 risk of harm to a patient or client." The term "licensee" in the definition
			 includes all regulated social workers.
Oregon Administrative Rules › Chapter 877 - BOARD OF LICENSED SOCIAL WORKERS › Division 40 - PROCEDURES FOR HANDLING COMPLAINTS TO THE BOARD › Section 877-040-0019 - Procedure for Investigation of Alleged Impairment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) On its own motion or upon complaint by
			 any person the board may require a regulated social worker to undergo
			 evaluation to determine if the person has an impairment.
(2) In order to determine whether a regulated
			 social worker has an impairment, the board may require the person:
(a) To cooperate with an evaluation ordered
			 by the board.
(b) To sign a release
			 allowing the board to fully communicate with any treatment program or evaluator
			 to obtain any evaluation respondent has undergone prior to or during the
			 investigation by the board of the alleged impairment.
Oregon Administrative Rules › Chapter 877 - BOARD OF LICENSED SOCIAL WORKERS › Division 40 - PROCEDURES FOR HANDLING COMPLAINTS TO THE BOARD › Section 877-040-0045 - Stipulated Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
In the event the Consumer Protection Committee submits a
				proposed stipulated agreement to the board for consideration, the board
				may:
(1) Determine that approval is
			 warranted and authorize the Chair or the board's designee to sign the agreement
			 on behalf of the board;
(2)
			 Determine that approval is not warranted;
(3) Direct the Consumer Protection Committee
			 to renegotiate the agreement; or
(4) Take any other action authorized by
			 law.
Stat. Auth.: ORS
				  675.510 -
				  675.600, 675.900 &
				  675.990
Stats. Implemented: ORS
				  675.595
Oregon Administrative Rules › Chapter 877 - BOARD OF LICENSED SOCIAL WORKERS › Division 40 - PROCEDURES FOR HANDLING COMPLAINTS TO THE BOARD › Section 877-040-0050 - Contested Case Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
When the board takes disciplinary action, the board will place
				notice of this action in the Directory of Regulated Social Workers. The board
				will also provide notice of the action to the Oregon Chapter of the National
				Association of Social Workers (NASW), the Oregon Society of Clinical Social
				Workers (OSCSW), and to the Association of Social Work Boards (ASWB)
				Disciplinary Action Reporting System (DARS).
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  675.510 -
				  675.600, 675.900 &
				  675.990
Stats. Implemented: ORS
				  675.595
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 1 - PROCEDURAL RULES › Section 918-001-0000 - Notice of Proposed Rules

Current through Register Vol. 63, No. 7, July 1, 2024
Before the adoption, amendment or repeal of any rule in OAR
				chapter 918, except temporary rules adopted under ORS
				183.335, the Building Codes
				Division shall give notice of the intended action:
(1) In the Secretary of State's Bulletin
			 referred to in ORS 183.360 at least 21 days before
			 the effective date of the rule;
(2)
			 By mailing a copy of the notice to persons and organizations on the division's
			 mailing lists established pursuant to ORS
			 183.335(8) at
			 least 28 days before the effective date of the rule;
(3) By mailing or furnishing a copy of the
			 notice to:
(a) The Associated Press;
			 and
(b) The Capitol Press
			 Room.
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 1 - PROCEDURAL RULES › Section 918-001-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR Chapter 918, unless the context requires
				otherwise:
(1) "Administrator" means
			 the Administrator of the Building Codes Division.
(2) "Department" means the Department of
			 Consumer and Business Services.
(3)
			 "Division" means the Building Codes Division.
(4) "Model Rules" means the Attorney
			 General's Model Rules of Procedure as adopted in OAR
			 918-001-0010.
Stat. Auth.: ORS
				  455.110
Stats. Implemented: ORS
				  192.440
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 1 - PROCEDURAL RULES › Section 918-001-0010 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
The Director adopts by reference the Attorney General's Model
				Rules for rulemaking, OAR
				137-001-0005 through
				137-001-0100, effective January
				1, 2012.
The full text of the Attorney General's Model Rules of
				  Procedure is available from the office of the Attorney General or Building
				  Codes Division.
Stat. Auth.: ORS
				  183.341
Stats. Implemented: ORS
				  183.341
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 1 - PROCEDURAL RULES › Section 918-001-0012 - Hearing Exhibits and Witness Lists

Current through Register Vol. 63, No. 7, July 1, 2024
At least 14 calendar days prior to a contested case hearing for
				which there are no prehearing conferences, the Division or appropriate advisory
				board and the parties shall exchange exhibits and a list of witnesses, and
				shall provide copies to the Office of Administrative Hearings. Failure to
				provide exhibits and a list of witnesses at least 14 calendar days prior to
				hearing may result in the exclusion of exhibits or witnesses at the hearing.
Stat. Auth.: ORS
				  183.341
Stats. Implemented: ORS
				  183.341
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 1 - PROCEDURAL RULES › Section 918-001-0014 - Written Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
Written exceptions to proposed orders must be received by the
				Division or appropriate advisory board within 20 calendar days after the
				service date of the proposed order. Written exceptions shall be sent to:
				Building Codes Division, Enforcement and Licensing, PO Box 14470, Salem, Oregon
				97309-0404.
Stat. Auth.: ORS
				  183.341
Stats. Implemented: ORS
				  183.341
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 1 - PROCEDURAL RULES › Section 918-001-0016 - Board Issuance of Final Orders

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 137-003-0655(7)
				shall not apply to contested cases brought under the authority of a advisory
				board. For such cases, the appropriate advisory board shall consider the
				proposed order at the next board meeting following the issuance of the proposed
				order. An amended proposed order or a final order shall be issued within 90
				calendar days after the board meeting at which the board considers the proposed
				order, unless the appropriate advisory board gives written notice to the
				administrative law judge and all other parties of the date by which it expects
				to issue an amended proposed order or a final order.
Stat. Auth.: ORS
				  183.341
Stats. Implemented: ORS
				  183.341
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 1 - PROCEDURAL RULES › Section 918-001-0025 - Division Representation by Authorized Officer or Employee at Contested Case Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 employee of the Building Codes Division authorized by the Administrator may
			 appear on behalf of the division, pursuant to ORS
			 183.452, at the following types
			 of contested case hearings:
(a) Civil penalty
			 hearings;
(b) Hearings held on
			 appeals made to the division under ORS
			 479.853 by persons aggrieved by
			 a decision made upon inspection authority under ORS
			 455.148 to
			 455.150 or
			 479.510 to
			 479.860 of an electrical product
			 or electrical installation;
(c)
			 License and certification denial hearings under ORS
			 455.117 and the rules adopted
			 thereunder, and ORS 455.125 and
			 455.129; and
(d) License discipline hearings under ORS
			 455.125 or
			 455.129, for cases involving
			 conditioning of a license or certification, or suspensions of up to one year.
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 1 - PROCEDURAL RULES › Section 918-001-0030 - Authorized Non-Attorney Representation

Current through Register Vol. 63, No. 7, July 1, 2024
The following are adopted as rules of procedure for the
				Building Codes Division, except a board with independent rulemaking authority
				adopts other procedural rules for itself.
(1) A party or limited party participating in
			 a contested case hearing in which a corporation appears may be represented by
			 an authorized representative of the party or limited party.
(2) On or before the first appearance in a
			 contested case hearing by an authorized representative, the authorized
			 representative must provide the presiding officer a letter from the party or
			 limited party that authorizes the representative to appear on behalf of the
			 party or limited party.
(3) The
			 presiding officer may limit an authorized representative's presentation of
			 evidence, examination and cross-examination of witnesses or presentation of
			 factual arguments to ensure the orderly and timely development of the hearing
			 record. The presiding officer shall not allow an authorized representative to
			 present any legal argument.
(4) As
			 used in this rule:
(a) "Authorized
			 representative" means:
(A) A member of a
			 partnership that is a party;
(B) A
			 limited party in the contested case;
(C) An authorized officer or regular employee
			 of a corporation, association or organized group that is a party or limited
			 party in the contested case; or
(D)
			 An authorized officer or employee of a governmental authority other than a
			 state agency, that is a party or limited party in the contested case;
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 1 - PROCEDURAL RULES › Section 918-001-0031 - Extension of Time Limits Created in Administrative Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Building
			 Codes Division may extend specified time requirements stated in ORS chapter 183
			 if the person seeking the extension shows good cause for failing to meet the
			 time requirement stated by the applicable rule. A request for an extension of
			 any time requirement must be submitted in writing within a reasonable
			 time.
(2) Definitions. For the
			 purposes of subsection (1) of this rule:
(a)
			 "Good cause" exists when the person seeking the extension establishes by
			 satisfactory evidence that the cause of the failure to meet the time
			 requirement stated by the applicable rule was beyond his or her reasonable
			 control.
(b) "Reasonable time"
			 means that the person acted promptly in filing the request for extension after
			 the cessation of the circumstances that prevented him or her from meeting the
			 time requirement stated by the applicable rule.
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 1 - PROCEDURAL RULES › Section 918-001-0034 - Disqualification from Obtaining License, Registration, Certificate, or Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Disqualification under ORS
			 455.127(2)
			 shall be for a period of five years except as provided in subsection (2) of
			 this rule.
(2) The Director of the
			 Department of Consumer and Business Services or an appropriate advisory board
			 may, in its discretion, order a disqualification fewer than five years. In
			 doing so the Director of the Department of Consumer and Business Services or
			 appropriate advisory board may, but is not required to, consider any mitigating
			 factors.
(3) Subject to ORS
			 Chapter 183, a regulatory body listed in ORS
			 455.129(3) may
			 deny a license, certificate, registration, or application, or may suspend,
			 revoke, condition, or refuse to renew a license, certificate, or registration
			 if the regulatory body finds that the licensee, certificate holder, registrant,
			 or applicant:
(a) Was an owner or officer of
			 another business at the time the other business was assessed a civil penalty
			 under ORS 455.895;
(b) Was an owner or officer of another
			 business at the time an act or failure to act by any owner or officer of the
			 other business resulted in action being taken against the license, certificate,
			 or registration of the other business by the department, the director, or any
			 advisory board;
(c) Was an owner
			 or officer of another business at the time the other business was subject to an
			 order to cease and desist or other sanction by the director or an advisory
			 board; or
(d) Was directly
			 involved in an act described in (a), (b), or (c) of this rule.
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 1 - PROCEDURAL RULES › Section 918-001-0036 - Guidelines for Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Scope and Authority. This rule sets guidelines for assessing a civil penalty
			 under ORS 446.995 &
			 455.895.
(2) Definitions. For the purposes of this
			 rule:
(a) "Continuing offense" or "continuing
			 violation" means violation of a code, rule or law on one or more additional
			 days after having been notified of the violation or ordered to correct the act,
			 or the failure to act. A continuing violation is subject to a civil penalty
			 each day the violation continues after notification.
(b) A "directive" includes, but is not
			 limited to, a notice or warning, citation, order, consent decree or settlement
			 agreement, rule, law, code requirement, or agency interpretation.
(c) "Pattern of violation" means two or more
			 prior violations during a five-year period of any provision of ORS Chapter 446,
			 447, 455, 460, 479, 480, or 693, or the state building code as defined in
			 455.010, whether or not a penalty was assessed. A pattern of violation is
			 calculated within a five-year period from the date of the latest
			 violation.
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 1 - PROCEDURAL RULES › Section 918-001-0040 - Cheating on Examinations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Scope. This rule applies to:
(a) Persons
			 seeking Building Codes Division licensing or certification under the boiler and
			 pressure vessel, plumbing, electrical, or manufactured structures laws and
			 rules;
(b) Any tradesperson or
			 inspector required to pass an examination to be licensed or certified by the
			 division or its boards, except those applying under the provisions of ORS
			 455.735; and
(c) Persons who are required to be licensed
			 pursuant to ORS 455.457 to perform specialty
			 code inspections or plan reviews.
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 1 - PROCEDURAL RULES › Section 918-001-0045 - Land Use Goal Compliance and Comprehensive Plan Compatibility Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Activities
			 Affecting Land Use: The division acting under ORS
			 197.180 identifies the following
			 activities as having a potential to "affect land use" as defined in OAR
			 660-030-0005(2):
(a) The issuance of electrical permits under
			 OAR chapter 918, division 309 and structural permits under OAR chapter 918,
			 division 460 for new buildings, additions and changes of building
			 use;
(b) The issuance of sewer and
			 water service permits for new buildings, additions and changes of building use
			 under OAR chapter 918, division 780;
(c) The issuance of manufactured dwelling
			 set-up permits under OAR chapter 918, division 600;
(d) The issuance of a permit for construction
			 or addition to a manufactured dwelling park under OAR chapter 918, division
			 600, recreational vehicle park or organizational camp under OAR chapter 918,
			 division 650; and
(e) The issuance
			 of permits for plumbing utilities hook-up or electrical hook-up for
			 manufactured dwellings except in a manufactured dwelling park constructed under
			 a OAR chapter 918, division 600 permit.
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 1 - PROCEDURAL RULES › Section 918-001-0120 - Appointment of Chiefs

Current through Register Vol. 63, No. 7, July 1, 2024
The division shall appoint individuals as specialty code chief
				inspectors knowledgeable to carry out the provisions of ORS
				455.475.
Stat. Auth.: ORS
				  455.475
Stats. Implemented: ORS
				  455.475
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 1 - PROCEDURAL RULES › Section 918-001-0130 - Alternative Appeal Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
This rule allows persons aggrieved by a decision of a local
				building official or designee to choose whether to appeal through the local
				appeals process, or through the division. If the appeal relates to an
				inspection pursuant to the
Electrical Specialty Code
, the appeal
				process set forth in OAR
				918-008-0120 shall be
				followed.
(1) A person aggrieved by
			 the decision of a local building official or designee may, in lieu of using the
			 local appeals process, appeal to the appropriate specialty code chief. The
			 aggrieved person may not change from one process to the other on the same
			 issue. Such appeal shall:
(a) Be made within
			 30 days of the municipality decision; and
(b) Include the name of the person making the
			 appeal, a written description of the appeal, the name of the authority having
			 jurisdiction, the specific code or codes involved, and whether a "stop work"
			 order has been issued; and
(c) Be
			 accompanied by $20 appeal fee.
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 1 - PROCEDURAL RULES › Section 918-001-0210 - Division Mailing Lists

Current through Register Vol. 63, No. 7, July 1, 2024
This rule governs procedures for placement on the various
				mailing lists maintained by the division and boards. The procedures in this
				rule are created under ORS
				183.335(8) and
				the general rulemaking authority of the director in 455.030 and 455.100.
(1) Creation of Interested Parties Mailing
			 Lists for Board Activities. Mailing lists are created for interested people and
			 organizations who want to receive notices and agendas of board meetings for the
			 following:
(a) Electrical and Elevator
			 Board;
(b) Building Codes
			 Structures Board;
(c) Residential
			 and Manufactured Structures Board;
(d) State Plumbing Board;
(e) Board of Boiler Rules;
(f) Mechanical Board; and
(g) Construction Industry Energy
			 Board.
Oregon Administrative Rules › Chapter 918 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, BUILDING CODES DIVISION › Division 1 - PROCEDURAL RULES › Section 918-001-0240 - Refunds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As required by
			 ORS 293.445 moneys received in
			 excess of the amount legally due and payable to the division, or in which the
			 division determines it has no legal interest, shall be refunded. However, as
			 authorized by 293.445, for sums of $25.00 or less the division will only refund
			 the money upon request by the person who paid the money or the person's legal
			 representative. Refund requests must be made within three years of the date
			 that the money was paid to the division.
(2) "Amounts legally due and payable"
			 includes but is not limited to, fees for license, renewal license, permit or
			 plan review applications, regardless of whether or not application review
			 results in the issuance of a license or permit.
Stat. Auth.: ORS
				  293.445
Stats. Implemented: ORS
				  293.445