reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 820 - BOARD OF EXAMINERS FOR ENGINEERING AND LAND SURVEYING › Division 40 - THE PRACTICE OF ENGINEERING › Section 820-040-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in ORS
			 672.060(7) and
			 ORS 672.107(1)(c)(A)(ii),
			 "Ground Area" is defined as any projected or suspended occupied areas above the
			 ground level in combination with areas in contact with the ground. Measurements
			 in determining the ground area shall be taken from outside wall to outside wall
			 and include the sum of the areas of all additions and the area of the original
			 structure. The ground area of a building, or portion thereof, not provided with
			 surrounding exterior walls is the usable area under the horizontal projection
			 of the roof or floor above.
(2) As
			 used in ORS 672.060(7) and
			 ORS 672.107(1)(c)(A)(ii),
			 "Height" is measured from the top surface of the lowest flooring to the highest
			 interior overhead finish of the structure in determining whether a building
			 exceeds the 20-foot height limitation. A basement floor is considered the
			 lowest flooring when useable (i.e., storage, garage, etc.).
(3) As used in ORS
			 672.107(1)(c)(A)(iv),
			 the height of a structure is defined as the vertical dimension from the average
			 ground level to the average roof height for sloped roofs or parapet height for
			 flat roofs. In multi-level structures, utilize the upper roof only to determine
			 the dimension.
(4) As used in ORS
			 672.060(7) and
			 (8), "Appurtenance" means a separate
			 structure that:
(a) Is subordinate to a single
			 family residential dwelling, farm building, or building less than 4,000 square
			 feet in ground area or 20 feet in height;
(b) Is itself no greater than 4,000 square
			 feet in floor area; and,
(c) Is
			 located on the same lot as the structure to which it is subordinate.
(d) "Appurtenance" includes but is not
			 limited to:
(A) A retaining wall less than
			 four feet in height, with level backfill, and not supporting any
			 structure;
(B) Signage less than 15
			 feet in height and 50 square feet;
(C) Fences less than 12 feet in
			 height;
(D) A carport, cabana,
			 playhouse, or garden structure, no more than 20 feet in height and with
			 vertical and horizontal structural elements primarily formed by a system of
			 conventional, repetitive, wood or cold-formed steel framing members, and a
			 maximum roof span of 30 linear feet. For the purposes of this subsection,
			 "Height" is measured from the top surface of the lowest flooring to the highest
			 interior overhead finish of the structure in determining whether a building
			 exceeds the 20-foot height limitation. A basement floor is considered the
			 lowest flooring when useable (e.g., for storage, living space, appliances,
			 etc.).
(e)
			 "Appurtenance" does not include a single family residential dwelling, farm
			 building, or building less than 4,000 square feet in ground area or 20 feet in
			 height.
Oregon Administrative Rules › Chapter 820 - BOARD OF EXAMINERS FOR ENGINEERING AND LAND SURVEYING › Division 40 - THE PRACTICE OF ENGINEERING › Section 820-040-0010 - Electrical Engineering

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 "Electrical engineering" is the design of the electric power, control, and fire
			 and life safety systems with the following electrical services:
(a) Below 250 volts, 96 Kva and
			 above;
(b) Above 250 volts, and
			 less than 600 volts, 150 Kva and above;
(c) Above 600 volts.
Oregon Administrative Rules › Chapter 820 - BOARD OF EXAMINERS FOR ENGINEERING AND LAND SURVEYING › Division 40 - THE PRACTICE OF ENGINEERING › Section 820-040-0020 - Structural Engineering

Current through Register Vol. 63, No. 7, July 1, 2024
"Structural Engineering" means that branch of professional
				engineering that provides analysis, design, evaluation or review of structures
				or their elements, parts or systems for support of external forces such as
				gravity, lateral loading, temperature, seismic influence, etc.
(1) Structural engineering services for
			 significant structures, as referred to in ORS
			 672.002 to
			 672.325, shall mean structural
			 engineering for the primary structural frame or load resisting system and its
			 elements or parts. The primary frame shall be that portion of the structure,
			 which provides the overall stability of the structure. Elements, components, or
			 parts of the structure, which are not part of the primary frame do not require
			 the services of a professional structural engineer.
(2) A "Structural Engineer" is a registered
			 professional engineer who passes a structural engineering examination
			 recognized by the Board and meets the other necessary qualifications for
			 registration under ORS
			 672.002 to
			 672.325.
Stat. Auth.: ORS
				  670.310 & ORS
				  672.255
Stats. Implemented: ORS
				  672.002 -
				  672.325
Oregon Administrative Rules › Chapter 820 - BOARD OF EXAMINERS FOR ENGINEERING AND LAND SURVEYING › Division 40 - THE PRACTICE OF ENGINEERING › Section 820-040-0030 - Traffic Engineering

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 "Traffic Engineering" is that branch of engineering which applies technology,
			 science, and human factors to the planning, design, operations, and management
			 of roads, streets, bikeways, highways, their networks, terminals, and abutting
			 lands. Its objective is to provide for the safe, rapid comfortable, economical,
			 convenient, and environmentally compatible movement of people, goods and
			 services. Traffic engineering embraces studies and activities in connection
			 with roads, streets, and highway traffic controls, which include signs,
			 signals, lighting, pavement markings, and the following:
(a) The planning, use, and design of traffic
			 control devices and systems;
(b)
			 The use of algorithms for the operation of traffic control system;
(c) The operational adjustment of traffic
			 control devices and systems;
(d)
			 The preparation of traffic engineering reports;
(e) The planning of traffic systems and
			 networks, including environmental impacts, predictions of future needs, and
			 interface with other modes of transportation;
(f) Traffic related engineering economic
			 feasibility studies;
(g) The
			 conduct of investigations and the preparation of recommendations relating to
			 safety measures and improvements to be applied to highways including
			 intersections, ramps, and railroad crossings;
(h) Interrelationships of highways to other
			 travel modes and abutting lands;
(i) The operational and geometric design of
			 roads, streets, bikeways, and highways.
Oregon Administrative Rules › Chapter 820 - BOARD OF EXAMINERS FOR ENGINEERING AND LAND SURVEYING › Division 40 - THE PRACTICE OF ENGINEERING › Section 820-040-0040 - Geotechnical Engineering

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Geotechnical engineering is defined as the investigation and the evaluation of
			 the physical and engineering properties of earth materials, such as soil and
			 rock, including impacts of ground water and earthquakes, and their application
			 to the design and construction of civil engineering works, such as foundations,
			 earth dams, retaining walls, and similar, using soil and rock mechanics and
			 earthquake engineering principles and related engineering laws, formula, and
			 procedures. Further, the practice involves the application of soil and rock
			 mechanics and related engineering laws and procedures to an evaluation of the
			 performance of constructed civil engineering works as influenced by earth
			 materials, groundwater, and earthquakes and to an evaluation of the
			 performance, including stability, of natural and man-made slopes, including
			 man-made fills and embankments, and for the design of mitigation measures to
			 reduce risk and/or hazards as disclosed by the evaluation.
(2) A "geotechnical engineer" is a registered
			 professional engineer recognized by the Board to practice geotechnical
			 engineering and who meets the other necessary qualifications for registration
			 under ORS 672.002 to
			 672.325.
Stat. Auth.: ORS
				  670.310 &
				  672.255
Stats. Implemented: ORS
				  672.002 -
				  672.325
Oregon Administrative Rules › Chapter 820 - BOARD OF EXAMINERS FOR ENGINEERING AND LAND SURVEYING › Division 50 - THE PRACTICE OF WATER RIGHT EXAMINATION › Section 820-050-0001 - Continuing Professional Development - Certified Water Right Examiner (CWRE)

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of professional development requirements is to
				demonstrate a continuing level of competency of certified water right examiners
				(CWRE).
(1)  Requirements for a Registered Geologist or a Qualifying
				District Employee that hold certification as a CWRE:
(a)  Obtain 10 professional development hour (PDH) units during
				each biennial certification period.
(b)  If certification is for a period of six months or greater,
				but less than the full biennial certification period, the Registered Geologist
				or Qualifying District Employee shall obtain a prorated amount of required
				PDH.
(c)  If certification is for a period of less than six months,
				the Registered Geologist or Qualifying District Employee is not required to
				obtain PDH for that certification period.
(d)  Every CWRE shall report PDH units on the Continuing
				Professional Development (CPD) Organizational form and submit to the Board
				office with the renewal form and fee. The CPD Organizational form must be
				completed in its entirety.
(e)  Supporting documentation to verify the PDH units recorded
				on the CPD Organizational form must be submitted to the Board office when
				requested to participate in an audit. Supporting documentation may include, but
				is not limited to:
(A)  Completion certificate(s);
(B)  Paid receipt(s);
(C)  Attendance log;
(D)  Other documents supporting evidence of attendance.
(f)  The CPD Organizational form and supporting documentation
				must be submitted to the Board in English or translated to English.
(g)  Records must be retained for five (5) years.
Oregon Administrative Rules › Chapter 820 - BOARD OF EXAMINERS FOR ENGINEERING AND LAND SURVEYING › Division 50 - THE PRACTICE OF WATER RIGHT EXAMINATION › Section 820-050-0010 - Continuing Professional Development Requirements: Failure to Comply

Current through Register Vol. 63, No. 7, July 1, 2024
Requirements:
(1)
			 Certified Water Right Examiners are required to obtain 10 professional
			 development hour (PDH) units in subjects related to the practice of water right
			 examination. As used in this rule, "Water Right Examination" includes: courses
			 or study related to water right applications and claims of beneficial use,
			 Water Resources Department programs, water law, or other subjects related to
			 the work of a Water Right Examiner.
(2) For persons who hold registration as an
			 engineer, land surveyor, or both, the number of PDH units required shall remain
			 30 PDH units per renewal period and may include the 10 PDH units required in
			 OAR 820-050-0010(1)(a).
(3) Any
			 Certified Water Right Examiner who fails to satisfy the Continuing Professional
			 Development requirements in subsection (1)(a) shall be subject to suspension or
			 refusal to renew the certificate. Failure to satisfy the Continuing
			 Professional Development requirements shall not be the sole basis for
			 revocation of certificate.
Statutory/Other Authority: ORS
				  670.310  & 672.255
Statutes/Other Implemented: ORS
				  672.002  - 672.325
Oregon Administrative Rules › Chapter 820 - BOARD OF EXAMINERS FOR ENGINEERING AND LAND SURVEYING › Division 80 - FEES › Section 820-080-0005 - Refunds and Charges

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Application
			 fees are non-refundable and will not be applied to future applications.
(2) Rescore fees are
			 non-refundable.
(3) If the Board
			 receives payment of any fees by check and the check is deposited and returned
			 to the Board, the payor of the fees will be assessed a charge of $20 in
			 addition to the required payment of the fees.
Stat. Auth.: ORS
				  670.310 &
				  672.255
Stats. Implemented: ORS
				  672.002 -
				  672.325
Oregon Administrative Rules › Chapter 820 - BOARD OF EXAMINERS FOR ENGINEERING AND LAND SURVEYING › Division 80 - FEES › Section 820-080-0010 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of ORS
				672.155,
				the Board shall charge the following fees:
(1) Registration application fee -
			 $400.
(2) Additional branch fee -
			 $35.
(3) Examination application
			 fees:
(a) Oregon Specific Acoustical
			 examination - $55.
(b) Oregon
			 Specific Forest examination - $55.
(c) Oregon Specific Land Surveying
			 examination - $55.
Oregon Administrative Rules › Chapter 820 - BOARD OF EXAMINERS FOR ENGINEERING AND LAND SURVEYING › Division 80 - FEES › Section 820-080-1000 - Budget

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Budget
			 Contents. The Board's budget is a financial plan containing estimates of
			 expenditures and revenues for a biennium.
(2) Budget Hearing.
(a) On or before April 30 of every
			 odd-numbered year, before adoption of its biennial budget, the Board will hold
			 an open hearing on its approved budget.
(b) All registrants of the Board shall be
			 provided notice of the budget hearing no less than 30 days prior to the date of
			 the scheduled hearing.
(c) Conduct
			 at the hearing shall be prescribed by the Budget Hearing Officer, and shall be
			 announced at the hearing, prior to the opening of public testimony.
(d) Testimony at the hearing shall be
			 recorded and the Budget Hearing Officer may prepare a report on the hearing for
			 the Board.
Oregon Administrative Rules › Chapter 824 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, BEHAVIOR ANALYSIS REGULATORY BOARD › Division 10 - GENERAL ADMINISTRATION › Section 824-010-0010 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  676.800
Stats. Implemented: ORS
				  676.800
Oregon Administrative Rules › Chapter 824 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, BEHAVIOR ANALYSIS REGULATORY BOARD › Division 10 - GENERAL ADMINISTRATION › Section 824-010-0020 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  676.800
Stats. Implemented: ORS
				  676.800
Oregon Administrative Rules › Chapter 824 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, BEHAVIOR ANALYSIS REGULATORY BOARD › Division 10 - GENERAL ADMINISTRATION › Section 824-010-0030 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  676.800
Stats. Implemented: ORS
				  676.800
Oregon Administrative Rules › Chapter 824 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, BEHAVIOR ANALYSIS REGULATORY BOARD › Division 10 - GENERAL ADMINISTRATION › Section 824-010-0040 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  676.800
Stats. Implemented: ORS
				  676.800
Oregon Administrative Rules › Chapter 824 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, BEHAVIOR ANALYSIS REGULATORY BOARD › Division 20 - FISCAL › Section 824-020-0010 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  676.800
Stats. Implemented: ORS
				  676.800
Oregon Administrative Rules › Chapter 824 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, BEHAVIOR ANALYSIS REGULATORY BOARD › Division 20 - FISCAL › Section 824-020-0020 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  676.800
Stats. Implemented: ORS
				  676.800
Oregon Administrative Rules › Chapter 824 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, BEHAVIOR ANALYSIS REGULATORY BOARD › Division 20 - FISCAL › Section 824-020-0030 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  676.800
Stats. Implemented: ORS
				  676.800
Oregon Administrative Rules › Chapter 824 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, BEHAVIOR ANALYSIS REGULATORY BOARD › Division 20 - FISCAL › Section 824-020-0040 - Authorization Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Fees established
			 by the Board are:
(a) Applications:
(A) Behavior Analyst - $150.
(B) Assistant Behavior Analyst -
			 $125.
(C) Behavior Analysis
			 Interventionist - $75.
Oregon Administrative Rules › Chapter 824 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, BEHAVIOR ANALYSIS REGULATORY BOARD › Division 30 - QUALIFICATIONS › Section 824-030-0010 - Licensing of Behavior Analyst

Current through Register Vol. 63, No. 7, July 1, 2024
An individual applying for licensure as a Behavior Analyst
				must:
(1)  Submit a completed application form, which must contain the
				information listed in OAR 331-030-0000  and be accompanied by payment of the
				required application fees.
(2)  Arrange for official documentation to be sent to the Office
				directly from the BACB proving:
(a)  For applicants the BACB certified as a Board Certified
				Behavior Analyst on or after January 1, 2022, the applicant satisfied the
				BACB's January 1, 2022, requirements to be credentialed as a Board Certified
				Behavior Analyst.
(b)  For applicants the BACB certified as a Board Certified
				Behavior Analyst before January 1, 2022, the applicant satisfied the BACB's
				requirements to be credentialed as a Board Certified Behavior Analyst that were
				in place on the date that the BACB certified the applicant. This subsection
				applies retroactively to applicants since October 16, 2014, who were required
				to be certified as a Board Certified Behavior Analyst.
Oregon Administrative Rules › Chapter 824 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, BEHAVIOR ANALYSIS REGULATORY BOARD › Division 30 - QUALIFICATIONS › Section 824-030-0020 - Licensing of Assistant Behavior Analyst

Current through Register Vol. 63, No. 7, July 1, 2024
An individual applying for licensure as an Assistant Behavior
				Analyst must:
(1)  Submit a completed application form, which must contain the
				information listed in OAR 331-030-0000  and be accompanied by payment of the
				required application fees.
(2)  Arrange for official documentation to be sent to the Office
				directly from the BACB proving:
(a)  For applicants the BACB certified as a Board Certified
				Assistant Behavior Analyst on or after January 1, 2022, the applicant satisfied
				the BACB's January 1, 2022, requirements to be credentialed as a Board
				Certified Assistant Behavior Analyst.
(b)  For applicants the BACB certified as a Board Certified
				Assistant Behavior Analyst before January 1, 2022, the applicant satisfied the
				BACB's requirements to be credentialed as a Board Certified Assistant Behavior
				Analyst that were in place on the date that the BACB certified the applicant.
				This subsection applies retroactively to applicants since October 16, 2014, who
				were required to be certified as a Board Certified Assistant Behavior
				Analyst.
Oregon Administrative Rules › Chapter 824 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, BEHAVIOR ANALYSIS REGULATORY BOARD › Division 30 - QUALIFICATIONS › Section 824-030-0030 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  676.800
Stats. Implemented: ORS
				  676.800
Oregon Administrative Rules › Chapter 824 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, BEHAVIOR ANALYSIS REGULATORY BOARD › Division 30 - QUALIFICATIONS › Section 824-030-0040 - Registration of a Behavior Analysis Interventionist

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An individual applying for registration
			 as a Behavior Analysis Interventionist must:
(a) Submit a completed application form,
			 which must contain the information listed in OAR 331-030-0000  and be
			 accompanied by payment of the required application fees;
(b) Submit required registration
			 fees;
(c) Submit proof of being at
			 least 18 years old;
(d) Submit
			 documentation of a high school diploma, a General Educational Development (GED)
			 certificate, or a degree from a post-secondary institution;
(e) Pass a fingerprint-based nationwide
			 criminal records check pursuant to OAR 331-030-0004; and
(f) Submit documentation of 40 hours of
			 professional training in applied behavior analysis on a form prescribed by the
			 Office in the following knowledge and skill areas, as verified by an individual
			 listed in ORS 676.802 (2)(a)-(h), or a Board-licensed behavior analyst or
			 assistance behavior analyst:
(i) Professional
			 and ethical issues;
(ii)
			 Foundational knowledge of behavioral change principles;
(iii) Assessment;
(iv) Implementation of prescribed
			 intervention plans; and
(v) Data
			 collection and documentation.
Oregon Administrative Rules › Chapter 824 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, BEHAVIOR ANALYSIS REGULATORY BOARD › Division 35 - DECLARATION OF PRACTICE › Section 824-035-0005 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  676.800 & 2015 SB 696
Stats. Implemented: ORS
				  676.800 & 2015 SB
				  696
Oregon Administrative Rules › Chapter 824 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, BEHAVIOR ANALYSIS REGULATORY BOARD › Division 36 - LEGACY › Section 824-036-0001 - Requirements for Licensure

Current through Register Vol. 63, No. 7, July 1, 2024
An individual applying for licensure as a Behavior Analyst
				through the legacy path must:
(1) Have
			 submitted a declaration of practice to the Office on or before April 30,
			 2016.
(2) Submit a completed
			 application form, which must contain the information listed in OAR
			 331-030-0000;
(3) Submit required
			 licensing fees.
(4) Submit proof of
			 having at least a master's degree in:
(a)
			 Education,
(b) Psychology,
			 or
(c) Applied behavior analysis;
			 and
Oregon Administrative Rules › Chapter 824 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, BEHAVIOR ANALYSIS REGULATORY BOARD › Division 40 - REGISTERED BEHAVIOR ANALYSIS INTERVENTIONIST TRAINING AND SUPERVISION › Section 824-040-0010 - Training and Supervision

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to
			 the Registered Behavior Analysis Interventionist providing any independent
			 service delivery to clients, the interventionist must:
(a) Enter into an agreement with each
			 supervisor using the form available on the Office's website. A copy of the
			 agreement must be submitted to the Office and given to the client's parent or
			 guardian.
(b) Complete the competency
			 assessment with one of the supervisors on the form available on the Office's
			 website, or on another competency form with the same information. A copy of the
			 competency assessment must be retained in the interventionist's file.
Oregon Administrative Rules › Chapter 824 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, BEHAVIOR ANALYSIS REGULATORY BOARD › Division 50 - RENEWAL › Section 824-050-0010 - Renewal of License and Registration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An authorization is subject to the
			 provisions of OAR chapter 331 division 30 regarding the renewal of an
			 authorization, and provisions regarding the use of the title, identification and
			 requirements for issuance of a duplicate authorization.
(2) Authorization renewal under this rule is
			 valid for one year.
(3) Authorization
			 holders must pass a state criminal background check pursuant to OAR
			 331-030-0004;
(4) To avoid late fees,
			 an authorization renewal must be made prior to the authorization entering
			 inactive status. The authorization holder must submit the following:
(a) Renewal application form;
(b) Payment of renewal fee pursuant to OAR
			 824-020-0040;
Oregon Administrative Rules › Chapter 824 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, BEHAVIOR ANALYSIS REGULATORY BOARD › Division 60 - STANDARDS OF PRACTICE, PROFESSIONAL METHODS AND PROCEDURES › Section 824-060-0010 - Standards of Practice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In Oregon,
			 the statutory definition of applied behavior analysis is stated in 676.802
			 (1)(a)-(b).
(2) For both behavior
			 analysts and assistant behavior analysts, the Board adopts sections 1-9 of the
			 2016 "BACB Professional and Ethical Compliance Code for Behavior
			 Analysts."
(3) Licensed behavior
			 analysts and licensed assistant behavior analysts must have a policy in place
			 regarding the use of restraints. A copy of the policy must be given to the
			 client's parent or guardian at the beginning of the service agreement. The
			 policy will be one piece of information considered by the Board or Office in
			 determining whether a restraint used on a client constitutes unprofessional
			 conduct, negligence, incompetence, or a failure to conform to standards of
			 practice under ORS 676.612(2)(j).
Statutory/Other Authority: ORS 676.802-676.830, ORS 676.990  & ORS 676.992
Statutes/Other Implemented: ORS 676.802-676.830, ORS 676.990  & ORS 676.992
Oregon Administrative Rules › Chapter 824 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, BEHAVIOR ANALYSIS REGULATORY BOARD › Division 70 - CONTINUING EDUCATION › Section 824-070-0010 - Continuing Education Audit, Required Documentation and Sanctions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Office will
			 audit 10 percent of licensees, to verify compliance with continuing education
			 requirements.
(2) Licensees who are
			 selected for audit must submit satisfactory evidence of participation in required
			 continuing education within 30 days of the audit notice.
(3) If selected for audit, the licensee must
			 provide documentation from sources listed in 824-070-0005(5).
(4) If documentation of continuing education is
			 incomplete, the licensee has 30 days from the date of notice to submit further
			 documentation to substantiate having completed the required continuing
			 education.
(5) Failure to meet
			 continuing education requirements shall constitute grounds for disciplinary
			 action, which may include, but is not limited to, assessment of a civil penalty
			 and suspension or revocation of the license.
Statutory/Other Authority: ORS
				  676.802-676.830, ORS
				  676.990 & ORS
				  676.992
Statutes/Other Implemented: ORS
				  676.802-676.830, ORS
				  676.990 & ORS
				  676.992
Oregon Administrative Rules › Chapter 830 - MORTUARY AND CEMETERY BOARD › Division 1 - PROCEDURAL RULES › Section 830-001-0000 - Model Rules of Procedure and Notice of Proposed Rulemaking

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Attorney General's Model Rules of Procedure under the Administrative Procedures Act, which became effective January 1, 2012, are by this reference adopted as rules of administrative procedure of the Board and shall be controlling except as otherwise required by statute or rule.
(2) Prior to the adoption, amendment or repeal of any rule, the Mortuary and Cemetery Board shall give notice of the intended action:
(a) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days before the effective date of the rule;
(b) By mailing, or if requested, emailing a copy of the notice to persons on the Mortuary and Cemetery Board's mailing list established pursuant to ORS 183.335(8) at least 28 days before the effective date of the rule;
(c) By mailing, emailing, or furnishing a copy of the notice to the United Press International and Associated Press, Oregon Funeral Directors Association and the Cemetery Association of Oregon;
(d) By mailing, emailing, or furnishing a copy of the notice to licensees, certificate holders of the Board, State Medical Examiner, the Center for Health Statistics of the State Health Division, District Attorneys within the state;
(e) By emailing a copy of the notice to the legislators specified in ORS 183.335(15) at least 49 days before the effective date of the intended action.
Oregon Administrative Rules › Chapter 830 - MORTUARY AND CEMETERY BOARD › Division 11 - GENERAL INFORMATION › Section 830-011-0010 - Employees, Meetings, Officers of the Board

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board shall employ an executive director, investigator, inspector and other office personnel to maintain the office of the Board, answer correspondence, and perform those duties necessary in carrying out the provisions of the law and of these rules.
(2) The Board shall meet at least six times per year, at a date, time, and place determined by the Board. Special meetings may be called by the president as deemed applicable.
(3) The Board, at its regular meeting in January of each year, shall elect from its members a president, a vice-president, and a secretary-treasurer to serve until the next election. Special elections may be held at the discretion of the Board. The president, or, in his absence, the vice-president, shall preside at all meetings, appoint all committees, and perform all functions incidental to the president of the Board.
(4) The executive director shall act under instruction of the president of the Board, and in his/her absence the vice-president and shall be responsible for supervising and monitoring the activities of the Board's office and staff. The executive director is authorized by the Board to sign correspondence, legal documents and other necessary papers to carry out Board mandates.
Stat. Auth.: ORS 692.300, 692.310 & 692.320
Stats. Implemented: ORS 676.300, 676.306, 692.300, 692.310 & 692.320
Oregon Administrative Rules › Chapter 830 - MORTUARY AND CEMETERY BOARD › Division 11 - GENERAL INFORMATION › Section 830-011-0020 - Trainee (Apprenticeship) - Generally

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Apprenticeship for embalmer, funeral
			 service practitioner, or intern apprentice must be served under persons who are
			 and have been licensed and working in Oregon for at least one aggregate year
			 within the last ten years.
(a) A funeral
			 service practitioner may supervise up to three apprentices at a time and an
			 embalmer may supervise up to three apprentices at a time.
(b) Notwithstanding (a), a combination
			 embalmer/funeral service practitioner may supervise no more than three persons
			 with any combination of trainee (apprentice) licenses.
(c) Notwithstanding (a), a funeral service
			 practitioner, an embalmer or a combination embalmer/funeral service
			 practitioner may serve as preceptor for intern apprentices from an accredited
			 funeral service education provider in addition to any trainee (apprentice)
			 embalmers or funeral service practitioners; if that individual's license meets
			 the requirements for the internship program as identified by the educational
			 institution; however, no licensee may have more than a total of three trainees
			 (apprentices) or interns at any one time.
(d) The licensee who supervises an apprentice
			 must be working and located in the same licensed facility or facilities as the
			 trainee (apprentice) the supervisor is supervising.
Oregon Administrative Rules › Chapter 830 - MORTUARY AND CEMETERY BOARD › Division 11 - GENERAL INFORMATION › Section 830-011-0020 - Trainee (Apprenticeship) - Generally

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Apprenticeship for embalmer, funeral service practitioner, or intern apprentice
			 must be served under persons who are and have been licensed and working in
			 Oregon for at least one year.
(a) A funeral
			 service practitioner may supervise up to three apprentices at a time and an
			 embalmer may supervise up to three apprentices at a time.
(b) Notwithstanding (a), a combination
			 embalmer/funeral service practitioner may supervise no more than three persons
			 with any combination of trainee (apprentice) licenses.
(c) Notwithstanding (a), a funeral service
			 practitioner, an embalmer or a combination embalmer/funeral service
			 practitioner may serve as preceptor for intern apprentices from an accredited
			 funeral service education provider in addition to any trainee (apprentice)
			 embalmers or funeral service practitioners; if that individual's license meets
			 the requirements for the internship program as identified by the educational
			 institution; however, no licensee may have more than a total of three trainees
			 (apprentices) or interns at any one time.
(d) The licensee who supervises an apprentice
			 must be working and located in the same licensed facility or facilities as the
			 trainee (apprentice) he or she is supervising.
Oregon Administrative Rules › Chapter 830 - MORTUARY AND CEMETERY BOARD › Division 11 - GENERAL INFORMATION › Section 830-011-0040 - Completion of Funeral Service Practitioner and Embalmer Apprenticeship and Examination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Once an apprenticeship has been completed
			 and verified by the Board, the individual may sit for the applicable exam. An
			 FSP trainee (apprentice) may choose to take the exam before completion and
			 certification of their apprenticeship, but may not apply for license as a
			 funeral service practitioner until both the exam is successfully passed and
			 their apprenticeship completed and verified by the Board.
(2) An embalmer trainee (apprentice) may
			 either take the Oregon embalmer examination or he may submit to the Board proof
			 of passing the National Board Examination written by the Conference of Funeral
			 Service Examining Boards of the United States, Inc. in lieu of the Oregon
			 embalmer examination. In either case an average score of at least 75 percent as
			 described in OAR 830-020-0000(2)(b)  will be required for passing. An embalmer
			 trainee (apprentice) may either take the Oregon embalmer examination or he may
			 submit to the Board proof of passing the National Board Examination written by
			 the Conference of Funeral Service Examining Boards of the United States, Inc.
			 in lieu of the Oregon embalmer examination. In either case an average score of
			 at least 75 percent as described in OAR 830-020-0000(2)(b)  will be required for
			 passing.
Stat. Auth.: ORS 183.341, 183.545, 692.160, 692.320 &
				  2015 HB 2471
Stats. Implemented: ORS 692.105, 692.045, 692.190 & 2015
				  HB 2471
Oregon Administrative Rules › Chapter 830 - MORTUARY AND CEMETERY BOARD › Division 11 - GENERAL INFORMATION › Section 830-011-0050 - Background Investigation Required Prior to Oregon Licensure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All applicants for individual or facility licenses and principals of facilities seeking or holding a license must submit to a background investigation. The background investigation may include, but is not limited to, information solicited from the Law Enforcement Data Systems, other government agencies or courts, personal references, former employers, and credit checks. The Board may require the applicant or principal to furnish any information necessary to perform a background investigation.
(2) The Board may deny, suspend or refuse to issue or renew a license or certificate when a condition exists in relation to any principal of a licensed facility which constitutes grounds for refusing to issue or renew a license or certificate or for suspension of a license.
Stat. Auth.: ORS 692.320
Stats. Implemented: ORS 692.025
Oregon Administrative Rules › Chapter 830 - MORTUARY AND CEMETERY BOARD › Division 11 - GENERAL INFORMATION › Section 830-011-0065 - Temporary Burial Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon
					Mortuary and Cemetery Board (Board) may grant a temporary burial permit
					authorizing interment in a cemetery that does not hold a current, valid license
					or registration for the sole purpose of facilitating an at-need burial in
					accordance with ORS 692.025, Sec. 1, and only when the normal procedures for
					licensing or registration of a cemetery authority cannot be completed before
					burial must take place.
(2) The
					burial permit request must be made on the most current application form
					provided by the Board and must include copies of all pre-qualifying
					pre-arrangement documents as well as evidence of the verification of plot
					location to be considered. A permit will not be granted when pre-arrangements
					or plot location cannot be produced or verified or when such documents are
					disputed.
(a) Applicants must be directly
					associated with the cemetery authority, with a licensed party to the
					pre-arrangements, or with another qualifying person in accordance with ORS
					692.025, Sec. 1, and
(b) Must be
					working on behalf of person(s) requesting burial.
(c) The application must also include the
					specific details of the planned burial and evidence that it will be performed
					by persons qualified to do so, and
(d) All paperwork will be kept with the
					permit that was issued for the burial and filed at the OMCB with the copy of
					the permit until a permanent place can be decided upon. If the cemetery
					authority is not a party to the interment, the Board will maintain the records
					and provide to the appropriate party identified by the Board on the permit.
Oregon Administrative Rules › Chapter 830 - MORTUARY AND CEMETERY BOARD › Division 11 - GENERAL INFORMATION › Section 830-011-0070 - Registration of Preneed Salespersons and Endowment Care Cemetery Salespersons

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applicants for registration as a preneed salesperson must apply on the most current form provided by the Board, pay the preneed salesperson fees set forth in OAR 830-020-0040  and submit to a background investigation. The background investigation may include, but is not limited to, information solicited from the Department of State Police, Law Enforcement Data System, Oregon Department of Motor Vehicles, other government agencies including local law enforcement agencies, the courts and prior employers.
(2) A certificate of registration will be issued to an approved preneed salesperson applicant. An applicant may not make preneed sales or engage in preneed sales activity, including, but not limited to, marketing and participating in sales presentations, other than as an observer, until a certificate of registration has been issued to the applicant by the Board. It is the responsibility of the salesperson to provide written notice to the Board of any address changes within 30 days of the change.
(3) All preneed salesperson certificates of registration will expire on March 1 in even-numbered years unless renewed as provided in this section.
(4) On or before December 31 of each odd numbered year, the Board will mail to each registered preneed salesperson a form containing notice that the renewal fee is due and payable. The renewal form will be mailed to the most current address filed with the Board by the preneed salesperson. If the renewal form is not returned and the renewal fee is not paid by the renewal date the certificate of registration will lapse.
(5) Upon lapse of a preneed salesperson certificate of registration, the Board will send notice of the lapse by registered or certified mail to the most current address filed with the Board by the preneed salesperson.
(6) The Board may reinstate a certificate of registration if the preneed salesperson applies for reinstatement on a form provided by the Board not later than the 90th day after the lapse and pays the renewal fee as well as the reinstatement fee established in OAR 830-020-0040.
(7) The Board will not issue or renew the registration for a preneed salesperson that owes outstanding civil penalties to the Board.
Stat. Auth.: ORS 97.931
Stats. Implemented: ORS 97.931
Oregon Administrative Rules › Chapter 830 - MORTUARY AND CEMETERY BOARD › Division 11 - GENERAL INFORMATION › Section 830-011-0080 - Grounds for Civil Penalty, Revocation, Suspension or Refusal to Issue or Renew a Preneed Salespersons Registration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In accordance with ORS 97.933(5), the Holder of a Certificate of Registration is responsible for the conduct of their preneed salespersons. Therefore, the Board may take disciplinary action against a licensee that is the Holder of the Certificate of Registration for the misconduct of their preneed salespersons. It is the responsibility of the Holder of the Certificate of Registration to insure that sound sales and business practices are used in the training and supervision of their preneed salespersons.
(2) Upon complaint or upon its own motion, the Board may investigate any complaint concerning a preneed salesperson, a preneed salesperson applicant or an individual engaged in preneed sales activity without registration. For any of the causes described in ORS 692.180(1) or OAR 830-050-0050, or upon a determination that a registered preneed salesperson, applicant or unregistered individual has not complied with the provisions of ORS 97.923 to 97.949 or ORS Chapter 692 or any rules adopted thereunder, the Board may impose a civil penalty of up to $1000 per violation or suspend, revoke or refuse to issue or renew a registration.
Stat. Auth.: ORS 97.931 & 692.320
Stats. Implemented: ORS 97.931
Oregon Administrative Rules › Chapter 830 - MORTUARY AND CEMETERY BOARD › Division 20 - EXAMINATION AND LICENSURE › Section 830-020-0000 - Applications and Examinations for Funeral Service Practitioner and Embalmer Licenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All applications for funeral service
			 practitioner and embalmer licenses by examination, accompanied by the
			 examination fee prescribed by ORS Chapter 692, must be received in the office
			 of the Board at least 14 days before the examination is held, or be postmarked
			 before midnight of that date.
(2)
			 The funeral service practitioner and embalmer examinations shall be scheduled
			 no less than twice each year:
(a) Applicants
			 for a funeral service practitioner license shall be required to successfully
			 complete a written examination and receive a score of not less than 75 percent,
			 based on the total number of questions;
(b) Applicants for an embalmer's license
			 shall be required to successfully complete a written examination that will
			 include two sections, funeral service arts and funeral service sciences, and
			 must receive an average score of at least 75 percent on the sections with not
			 less than 70 percent on either of these two sections; and
(c) If the Board deems it necessary, the
			 applicant for an embalmer's license may also be required to pass an examination
			 testing his or her qualifications as to the practical application of his
			 knowledge.
Oregon Administrative Rules › Chapter 830 - MORTUARY AND CEMETERY BOARD › Division 20 - EXAMINATION AND LICENSURE › Section 830-020-0010 - License Fee Due After Examination

Current through Register Vol. 63, No. 7, July 1, 2024
A license fee which is not received at the office of the Board within 30 days following receipt of notice of successful completion of the examination and completion of the apprenticeship for funeral service practitioner or embalmer shall be considered delinquent and shall be subject to the reinstatement provisions of ORS 692.170 for lapsed licenses.
Stat. Auth.: ORS 692.320
Stats. Implemented: ORS 692.148 & 692.160
Oregon Administrative Rules › Chapter 830 - MORTUARY AND CEMETERY BOARD › Division 20 - EXAMINATION AND LICENSURE › Section 830-020-0015 - Disaster Mutual Aid Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
In instances of a State emergency or disaster, it is the intention of the Oregon State Mortuary and Cemetery Board to allow funeral service practitioners and embalmers similarly licensed in other states, who are members of a disaster mortuary team and volunteering to appropriately care for deceased victims to practice in Oregon until the disaster or emergency has subsided. Individual volunteers shall be a member of a "Disaster Mortuary Team" authorized by local or federal authorities to provide such services. Only funeral service practitioners and/or embalmers licensed in Oregon shall sign death certificates.
Stat. Auth.: ORS 183.341 & 692.320
Stats. Implemented: ORS 692.320
Oregon Administrative Rules › Chapter 830 - MORTUARY AND CEMETERY BOARD › Division 20 - EXAMINATION AND LICENSURE › Section 830-020-0020 - Funeral Service Practitioner and Embalmer Licenses; Military Leave

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Funeral service practitioners and embalmers shall be licensed only after compliance with ORS Chapter 692, and rules adopted thereunder. Licenses for funeral service practitioner and embalmer will not be issued or renewed unless assessed civil penalties have been paid.
(2) A license issued pursuant to ORS Chapter 692 shall not be transferable.
(3) The Board shall publish, on its internet website, a list of the Board's licensees.
(4) A person licensed under ORS Chapter 692 shall not be required to renew his or her individual funeral service practitioner or embalmer license while in active military service unless the person is required by that branch of the military service to maintain an active license from the state in which he or she is licensed in order to perform those services for that branch of the service. Such person shall notify the Board in writing of the date he or she will begin active military duty. The Board will not require this person to pay renewal licensing fees until completion of military duty. After release from active duty under honorable conditions, this person shall notify the Board in writing within 60 days of such discharge and may then be restored to former status. The Board shall not impose any fees until the following renewal period.
Stat. Auth.: ORS 692.320
Stats. Implemented: ORS 692.190
Oregon Administrative Rules › Chapter 830 - MORTUARY AND CEMETERY BOARD › Division 20 - EXAMINATION AND LICENSURE › Section 830-020-0030 - Reciprocal Licensure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant
			 for reciprocal licensure must apply to the Board on the most current form
			 provided by the Board. The application must be accompanied by the following:
(a) The reciprocal fee as prescribed by OAR
			 830-020-0040;
(b) A certified copy
			 of the applicant's birth certificate;
(c) A certified copy of transcripts from a
			 school accredited by an Association of Schools and Colleges demonstrating
			 completion of an Associate's degree or higher degree (for funeral service
			 practitioner licensure) or proof of passing an accredited course of funeral
			 service education (for embalmer licensure);
(d) A certification from the state(s) the
			 applicant is or was licensed in that includes: length of apprenticeship, if
			 any, examination score, date licensed, status of license at the present time,
			 and whether the applicant's license has ever been suspended or revoked or other
			 disciplinary action taken;
(e)
			 Proof that the applicant is or was licensed and has practiced, respectively, as
			 a funeral service practitioner or an embalmer in another state with
			 substantially similar requirements as identified by the Board for at least one
			 full year before the respective application date; and