Oregon Administrative Rules › Chapter 809 - BOARD OF GEOLOGIST EXAMINERS › Division 55 - COMPLIANCE › Section 809-055-0000 - Complaint Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 "Complaint" is any issue related to compliance with the statutes and rules the
			 Board administers or enforces in ORS
			 672.505 to
			 675.705 and OAR Chapter 809,
			 including but not limited to: the public practice of geology or offer to
			 publicly practice geology by an unregistered person and the alleged or apparent
			 non-compliant conduct or practice of a registrant that comes to the attention
			 of the Board by any means, including through the filing of a written complaint
			 as provided in ORS 672.665. A complaint may be
			 initiated by the Board or its designee.
(2) "Complainant" refers to the person or
			 group of persons filing a written complaint with the Board or the Board itself
			 in a Board-initiated complaint.
(3) "Investigation" is the process of Board
			 review, inquiry, research, analysis, and determination of a complaint.
(4) "Respondent" refers to a
			 person who is the subject of a Board investigation.
(5) Complaint Investigation Process:
(a) The primary objectives of the Board in
			 the investigation of a complaint are to safeguard the health, safety, welfare,
			 and property of the people of Oregon and regulate the public practice of
			 geology. The primary purpose of investigation is to determine whether one or
			 more violations of statutes and rules administered by the Board occurred and to
			 take action where appropriate.
(b)
			 For complaints that are not Board initiated, the following apply:
(A) The complaint must be in writing and
			 sworn to, where sworn to means the complainant declares by signature under
			 penalty of perjury that the statements and information in the complaint are
			 believed to be true;
(B) Receipt
			 of all complaints filed with the Board will be acknowledged by the Board staff;
(C) The complainant will not be
			 considered a party to the case; and
(D) The complaint will be initially reviewed
			 by the Board Administrator to assess Board jurisdiction and authority to
			 address the issue(s) raised.
(i) If the
			 complaint appears to the Board Administrator to be within the Board's
			 jurisdiction and authority, an investigation may be opened by the Board
			 Administrator.
(ii) If the Board
			 Administrator is unsure whether the complaint is within the Board's
			 jurisdiction and authority, the complaint will be taken to the Board for a
			 determination of whether to open an investigation.
(c) For all investigations, the
			 Board Administrator oversees the investigation process on behalf of the Board
			 and serves as the primary point of contact.
(d) The Board may delegate its investigative
			 powers and authority for purposes of initiating and carrying out
			 investigations.
(e) The Board
			 Administrator or Administrator's designee will carry out the recommendations or
			 decisions of the Board, including but not limited to: preparing and signing
			 documents such as requests for additional information, letters of concern,
			 settlement proposals, notices of intent, and orders, securing technical
			 reviewers and investigators to assist with investigations, and closing out
			 cases.
(f) To the extent permitted
			 by law, the Board will cooperate with other licensing boards and other agencies
			 when conducting an investigation.