Oregon Administrative Code

808-009-0160 Order Based on Hearing, Limitation on Order (1) "Order" as used in sections (2) to (5) of this rule means a proposed and final order a administrative law judge is authorized to issue under section (6) of this rule. (2) If a claim is referred for a hearing to determin…

808-009-0180 Recording of Hearing The record of agency hearings will include a tape recording of the proceeding. The agency may dispose of tape recordings of agency hearings when ninety days have passed after issuance of a final order in the matter. However, if a petition for jud…

808-009-0200 Final Order without a Proposed Order If the parties voluntarily agree to a settlement of a claim in accordance with ORS 183.415(5) and the settlement agreement includes an agreement for future performance, the administrative law judge shall issue an intermediate orde…

808-009-0220 Petition for Reconsideration or Rehearing; Request for Stay A petition for reconsideration or rehearing under OAR 137-003-0675 or a request for a stay under OAR 137-003-0690 of a final order on a claim issued by an administrative law judge under this division must be…

808-009-0300 Hearing Notice and Limitation on Final Civil Penalty Order A notice of hearing shall contain the amount of the civil penalty sought by the agency. The administrative law judge shall not issue a final civil penalty order in an amount greater than that shown in the not…

808-009-0315 Hearing Request and Answers; Consequences of Failure to Answer (1) A hearing request and answer must be made in writing to the board by the party or the party’s attorney within 60 days of the board’s issuance of a notice of license denial and within 21 days of the bo…

808-009-0320 Administrative Law Judge; Entry of Agency Evidence Contested case enforcement hearings may be held before an administrative law judge of the agency. The agency’s evidence may be entered into the record by the administrative law judge or by another representative of t…

808-009-0335 Authorized Representation of a Party A party or limited party participating in an enforcement contested case hearing before the agency may be represented by an authorized representative, as provided in OAR 137-003-0008. Statutory/Other Authority: ORS 183, 670.310 & 6…

808-009-0340 Agency Representation by Officer or Employee (1) Subject to the approval of the Attorney General as provided in ORS 183.452, agency officers and employees may appear, but not make legal argument, on behalf of the agency in the following types of hearings conducted by…

808-009-0400 Exceptions to Agency Orders, Claims (1) After a contested case claim hearing, claimant or licensee may file written exceptions if they believe that the administrative law judge has made a procedural error or that the proposed order is not supported by evidence receiv…

808-009-0420 Exceptions to Agency Orders, Enforcement (1) After a contested case enforcement hearing, the respondent may file written exceptions if the respondent does not believe the proposed order is supported by the evidence received at the hearing. To be considered, exception…

808-009-0430 Form of Exceptions to Agency Order (1) Exceptions to an agency order filed by a party to a claim under OAR 808-009-0400 or a respondent under 808-009-0420 shall conform to the following requirements: (a) Exceptions shall be typed or legibly printed on 8-1/2 by 11" sh…

808-009-0440 Meeting of Board to Consider Appeals (1) Claimant and respondent may appear before the members of the Board to argue for or against the proposed order. (2) The Board may limit the time allowed for oral argument by a party before the Board to ten minutes. (3) At the B…

808-030-0010 Owner/Managing Employee (1) As used in these rules, a managing employee has that meaning as provided in OAR 808-002-0625 and owner has the meaning as provided in 808-002-0734 (2) Upon initial application, an applicant for a landscape contracting business license shal…

808-030-0015 Managing Employee Requirements (1) An employee that is designated as the managing employee of a landscape contracting business must: (a) Be a employee of the landscape contracting business. (b) Manages the day to day activities of the landscape operations of the land…

808-030-0018 Managing Owner Requirements An owner that is designated as the managing owner of a landscape contracting business must manage the day to day activities of the landscape operations of the landscape contracting business which would include but not be limited to: (1) Pl…

808-030-0020 Course Requirements (1) The course required in ORS 671.595(4) shall cover the subjects listed in OAR 808-030-0040. (2) The course must be offered by a provider approved by the agency as provided in OAR 808-030-0030. Statutory/Other Authority: ORS 670.310 & ORS 671.67…

808-030-0030 Requirements of Course Provider (1) In order for individuals or organizations to be listed as a provider of approved courses the individual or organization must submit an application to the agency on forms provided by the agency. Information provided on the applicati…

808-030-0040 Course Material and Subjects (1) The course required under ORS 671.595 must consist of the following subjects:¶ (a) License Requirements.;¶ (b) Insurance/Bonding.;¶ (c) Employment Law.;¶ (d) Contracts.;¶ (e) Supervision.;¶ (f) Claims/Dispute Resolution.;¶ (g) Lien La…

808-030-0050 Testing Requirements (1) The test required in ORS 671.595 shall cover the subjects listed in OAR 808-030-0040. (2) A person seeking to take the test shall: (a) Apply on a form provided by the agency; (b) Pay any fees required by the agency; and (c) Comply with OAR 80…

808-030-0070 Course Taking and Testing Period (1) For course taking and testing completed on or after March 2008, the course and testing required under ORS 671.595 shall be valid for 24 months from the date the course was completed. Course taking and testing that is past the 24-m…

808-040-0010 Continued Competency (1) To ensure continuing efforts on the part of licensed landscape construction professionals to remain current with new developments in landscape technology and to encourage better business practices and safety in the profession continuing educa…

808-040-0020 Continuing Education Biennial and Reporting Requirement (1) Biennial CEH requirement. To maintain licensing, a landscape construction professional: (a) Licensed for six (6) years or less must complete sixteen (16) hours of continuing education hours (CEH) every two y…

808-040-0025 Continued Education Programs In order to qualify for CEH credit under these rules, a CEH program must be a formal program or board approved program of learning that contributes directly to the professional competence of the licensee (1) Eligible Programs and Activiti…

808-040-0030 Continuing Education Credit Criteria CEH are measured by participation time and program length with one 50-minute class period equal to one CEH credit in most cases and will be based on the following criteria: (1) CEH credit will be awarded for established courses ta…

808-040-0040 Acceptable Subject Matter The subjects listed in this rule serve as examples only, and are not all-inclusive. (1) Technical Subjects. Subjects that may qualify for technical subjects include, but are not limited to: (a) The construction and installation techniques fo…

808-040-0050 Program Approval Process (1) Pre-approval Process. Except as provided in section (3) of this rule, programs offered by any institution, agency, professional organization or association, which conducts educational meetings, workshops, symposiums, seminars and other su…

808-040-0060 Continuing Education: Audit, Required Documentation and Sanctions (1) To ensure adequate proof of continuing education course completion is available for audit or investigation by the Landscape Contractors Board the licensees shall maintain a record of attendance for…

808-040-0070 Waivers (1) CEH waivers. The Board, in its discretion, may waive CEH requirements for: (a) Reasons of health, certified by a medical doctor, that prevents the licensee from complying with CEH requirements; (b) A licensee who is on active military duty and who provide…

808-040-0080 CEH Requirement for Reinstatement to Active Status (1) Any licensee that reinstates an inactive or expired landscape construction professional license to active status more than 14 days after the expiration of the license must: (a) Comply with OAR 808-003-0255; (b) C…

809-001-0000 Notice Before adoption, amendment, or repeal of any permanent rule, the State Board of Geologist Examiners shall give notice of the intended rulemaking action: (1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days before the effective d…

809-001-0005 Model Rules of Procedure The Attorney General’s Model Rules of Procedure under the Administrative Procedures Act, in effect on February 1, 2012, are hereby adopted as the rules of procedure by reference for the State Board of Geologist Examiners. Statutory/Other Auth…

809-001-0010 Election of Officers The Board may elect a Board Chairman and Vice Chairman once a year at the first board meeting held after July 1. Statutory/Other Authority: ORS 183, 192 & 672 History: GE 1-1984, f. & ef. 2-1-84

809-001-0015 Public Records Requests (1) All requests for copies of public records in the custody of the Board of Geologist Examiners (Board) shall be made in writing to the Board Administrator. Written requests may be delivered in person, by mail, by fax or by email. All request…

809-001-0035 Confidentiality and Inadmissibility of Mediation Communications (1) The words and phrases used in this rule have the same meaning as given to them in ORS 36.110 and 36.234. (2) Nothing in this rule affects any confidentiality created by other law. Nothing in this rul…

809-003-0000 Definitions 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 prepa…

809-005-0000 Certification for Engineering Geology (1) The Board established certification in the specialty of engineering geology pursuant to ORS 672.505(3) and 672.565. (2) The engineering geologist specialty certification shall be maintained concurrently with the geologist reg…

809-005-0005 Certification for Geologist-in-Training To be certified as a geologist-in-training, the person shall pass an examination and pay the required fees. Statutory/Other Authority: ORS 183, 192 & 672 History: BGE 1-2002, f. & cert. ef. 2-6-02 GE 1-1990, f. & cert. ef. 10-2…

809-010-0001 Fees Fees, as established by the Board of Geologist Examiners, are: (1) Examinations (a) ASBOG examination and associated testing fees — Candidates are responsible for paying these fees during the examination registration process. These fees are not paid to the Board…

809-010-0025 Operating Budget The Oregon State Board of Geologist Examiners hereby adopts by reference the 2025-2027 Biennial Budget of $993,717 covering the period from July 1, 2025 and ending June 30, 2027. With Board approval, the Administrator of the Board may amend budgeted …

809-015-0000 Renewal (1) Annual registration renewal date is as follows: (a) For a Geologist-in-Training, the last day of the month of the initial date of issuance; (b) For a Registered Geologist, the last day of the month of the initial date of issuance; (c) For a Certified Engi…

809-015-0005 Restoration (1) A registration not renewed on or before the renewal date may be restored to active status within five years of the renewal date without reapplication or retaking of an examination. (2) To restore a registration, a Registered Geologist, Certified Engin…

809-015-0010 Nonrestoration (1) After five consecutive years of non-renewal, a registration can no longer be restored. (2) A person past the 5 year restoration window must re-apply as a new applicant, meeting all current Board requirements for registration. This includes but is n…

809-015-0020 Reissuance of Revoked Registration At its discretion, the Board may reissue a revoked certificate of registration according to ORS 672.685 under the following conditions: (1) Submission of a written request for reissuance by the revoked registrant; (2) Receipt of wri…

809-020-0001 Goals (1) A geologist shall be guided by the highest standards of ethics, honesty, integrity, fairness, personal honor, and professional conduct. (2) To the fullest extent possible, a geologist shall protect the public health and welfare and property in carrying out …

809-020-0006 Responsibility to Profession (1) A Registered Geologist shall undertake professional service or render expert opinion only when qualified by training or experience in the technical areas involved. (2) When serving as an expert or technical witness before a court, com…

809-020-0011 Responsibility to Employer (1) A geologist shall avoid conflict of interest with a client/employer and shall disclose the circumstances to the client/employer if a conflict is unavoidable. (2) A geologist shall not, during the time of the geologist’s retention or emp…

809-020-0025 Responsibility to the Board (1) A geologist, when requested by the Board, shall respond to communications from the Board within 21 days after notification is mailed. Mailed means sent via United States post with proper postage and addressed to the registrant’s prefer…

809-020-0030 Misconduct Any violation of the Code of Professional Conduct is misconduct under OAR 809-003-0000(13) and is grounds for discipline under ORS 672.675(2) and the assessment of civil penalties under 672.690(1). Misconduct under OAR 809-003-0000(13) also includes, but i…

809-025-0000 Definitions The following are definitions of terms used in this Division: (1) “Audit period” - the period for which the registrant’s continuing education activities are subject to audit by the Board. (2) “Continuing Education Activity” - a course or educational endea…