Oregon Administrative Rules › Chapter 809 - BOARD OF GEOLOGIST EXAMINERS › Division 3 - DEFINITIONS › Section 809-003-0000 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The definitions of terms used in ORS 672.505 to 672.991, and
				the rules of this OAR chapter 809, are:
(1)  "ASBOG": National Association of State Boards of Geology;
				an organization of state boards that regulate the public practice of geology
				and which prepares the national standardized competency examination for
				candidates seeking registration as professional geologists.
(2)  "Candidate": An individual who has applied to the Board for
				approval to take an examination or who has been approved by the Board to take
				an examination.
(3)  "Deceit": An attempt to portray as true or valid something
				that is untrue or invalid.
(4)  "Equivalent": 45 quarter hours equals 30 semester hours,
				using the ratio of 1.5 quarter hours to 1 semester hour.
(5)  "Expert Opinion": An opinion tendered to a court,
				commission, hearings officer, or other tribunal which is considered to be
				expert testimony by virtue of the professional experience, training, and
				registration and certification of the geologist tendering the opinion.
(6)  "Falsely Impersonate": To assume without authority or with
				fraudulent intent the identity of another person.
(7)  "False or Forged Evidence": Untrue documents purporting to
				be proof, or falsely and fraudulently altered proof.
(8)  "Felony": A crime declared a felony by statute because of
				the punishment imposed.
(9)  "Fraud": Intentional perversion of truth in order to induce
				another to part with something of value or to surrender a legal right.
(10)  "Geological Work": For purposes of ORS 672.505(11),
				"geological work" means the public practice of geology as defined at 672.505(7)
				or that would otherwise require registration or certification by the Board if
				not exempted under 672.525 or 672.535, regardless of whether the work is
				conducted in or outside of Oregon.
(11)  "Gross Negligence": Reckless and wanton disregard for
				exercising care and caution.
(12)  "Incompetence": Inadequacy or unsuitability for effective
				action. The Board shall consider incompetence in the practice of geology to
				include, but not be limited to instances where a geologist has been adjudicated
				mentally incompetent by the court; been engaged in conduct which shows a lack
				of ability or fitness to discharge the duties and responsibilities a geologist
				owes a client, employer, or the general public; or been engaged in conduct
				which shows a lack of knowledge, or inability, to apply the principles or
				skills of the profession.
(13)  "Misconduct": Violation of any state or federal rule or
				statute in the course of the practice of geology.
(14)  "National examination": national standardized competency
				examination for professional geologists prepared by ASBOG and comprised of a
				four-hour fundamental section and a four-hour practical section.
(15)  "Neglect of Duty": Lack of attention to the performance or
				services that arise from one's position.
(16)  "Negligence": Failure by a registrant to exercise the
				care, skill, and diligence demonstrated by a registrant under similar
				circumstances in the community in which the registrant practices.
(17)  "Official Transcript": Transcript certified by the
				accredited college or university and received by the Board under seal or the
				equivalent via mail delivery or from the accredited college or university or
				official transcript service by electronic delivery.
(18)  "Project": A contractually specified scope and amount of
				geologic work relating to a specific undertaking, such as, but not limited to,
				the geologic reconnaissance of an area, a geohydrologic study of an area, or an
				analysis of volcanic hazards from a volcano.
(19)  "Proprietary": Belonging to a client, employer or
				geologist.
(20)  "Public proceeding": as used in ORS 672.525(9) means a
				public forum where members of the public are invited to comment or testify or
				permitted to comment or testify.
(21)  "Reciprocity": When one state will issue a registration to
				a geologist because the geologist holds a registration in another state.
(22)  "Reinstatement of Registration": Process to bring a lapsed
				registration to active status.
(23)  "Related Geological Science": A course of study that
				includes at least 45 quarter hours or the equivalent, including 36 quarter
				hours or the equivalent, of upper division courses, in geological
				subjects.
(24)  "Renewal of Registration": Annual process to maintain the
				current status of a valid registration or certification.
(25)  "Responsible Charge": This means in responsible charge of
				work as defined in ORS 672.505(11) and under these rules.
(26)  "Seal": The term seal means the same thing as to stamp as
				used within OAR Chapter 809.
(27)  "Supervision of Geological Work": For purposes of ORS
				672.505(11), "supervision" means oversight by an individual who is fully
				responsible, accountable and liable for the geological work and where the
				individual is:
(a)  Registered as a geologist in Oregon with the Board;
(b)  Certified as an engineering geologist in Oregon by the
				Board, where required pursuant to ORS 672.505(3) and 672.565;
(c)  Registered as a geologist or engineering geologist in
				another jurisdiction with licensing requirements comparable to Oregon;
(d)  In charge of the geological work in a situation that does
				not require registration with the Board or, if done outside of Oregon, with
				another geologist licensure board;.
(e)  A Board approved supervisor under OAR 809-030-0022.