OAR Chapter 809 — Board of Geologist Examiners

Division 1 PROCEDURAL RULES

Or. Admin. R. 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 date of the intended rulemaking action;

(2) By furnishing to persons on the State Board of Geologist Examiners notice list, established under ORS 183.335(8), notice of the intended rulemaking action at least 28 days before the effective date of the intended rulemaking action;

(3) By furnishing a copy of the notice to the:

(a) Associated Press;

(b) Association of Engineering Geologists - Oregon Chapter;

(d) Geology Department, Oregon State University;

(e) Earth Sciences Department, University of Oregon;

(f) Geology Department, Portland State University; and

(g) Earth and Physical Science Department, Western Oregon University.

History

Statutory/Other Authority: ORS 183.335 & 670.310(1)
Statutes/Other Implemented: ORS 183.335
BGE 3-2021, amend filed 09/13/2021, effective 09/20/2021
BGE 4-2012, f. 12-13-12, cert. ef. 12-21-12
BGE 3-2004, f. & cert. ef. 6-23-04
BGE 1-2002, f. & cert. ef. 2-6-02
GE 1-1984, f. & ef. 2-1-84
GE 1-1983, f. & ef. 2-17-83
GE 1-1982, f. & ef. 5-14-82
GE 2, f. & ef. 12-13-77
GE 1(Temp), f. & ef. 11-3-77

Or. Admin. R. 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.

History

Statutory/Other Authority: ORS 183 & ORS 672.505 - 672.705
Statutes/Other Implemented: ORS 672.505 - 672.705
BGE 2-2012, f. & cert. ef. 6-15-12
BGE 4-2004, f. & cert. ef. 6-23-04
BGE 2-2004, f. & cert. ef. 4-6-04
BGE 1-2000, f. & cert. ef. 8-3-00
BGE 2-1999, f. & cert. ef. 11-8-99
GE 1-1996, f. & cert. ef. 8-30-96
GE 3-1986, f. & ef. 7-15-86
GE 1-1984, f. & ef. 2-1-84
GE 1-1982, f. & ef. 5-14-82
GE 2, f. & ef. 12-13-77
GE 1(Temp), f. & ef. 11-3-77

Or. Admin. R. 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.

History

Statutory/Other Authority: ORS 183, 192 & 672
GE 1-1984, f. & ef. 2-1-84

Or. Admin. R. 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 requests are subject to disclosure according to Oregon Public Records Law.

(2) A public records request may be submitted on a request form provided by the Board. If the form is not used, the requestor must include the following information in the request:

(a) The name and address of the person requesting the public record;

(b) The telephone number, email address, and other relevant contact information for the person requesting the public record;

(c) A sufficiently detailed description of the records requested to allow the Board to search for and identify if it has any records responsive to the request in accordance with Oregon Public Records Law;

(d) The date the request is submitted to the Board;

(e) Statement as to whether the person making the request wants to inspect any responsive, non-exempt records at the Board office or to receive copies of the records, and

(f) Signature of the person making the request if the request is not made by email.

(3) The Board will respond to written public records requests it receives under (2) of this rule as soon as practicable and without unreasonable delay within the time periods provided in ORS 192.324 and 192.329.

(4) The Board charges fees for responding to public records requests which are reasonably calculated to cover costs of the response and records provided. Fees are designed to cover the cost of locating, reviewing, compiling, making available for inspection, preparing copies, and delivering the response and public records. Fees are as follows:

(a) Two (2) cents per page for photocopies, where a double-sided copy equals two (2) pages;

(b) At the Board Administrator’s discretion, copies of public records may be provided electronically if stored in the Board’s computer system. Electronic records may be provided by email or by other means as deemed appropriate by the Board Administrator. Due to the potential threat of computer viruses, the agency will not permit requestors to provide disks, USB drives, or other electronic devices for reproduction of electronic records;

(A) The cost of records transmitted by email is five (5) dollars per email, except when (6) of this rule applies, and may contain as much information as the Board email system will handle per email;

(B) The cost of records transmitted by other electronic means is five (5) dollars per device and may contain as much information as the electronic device will hold.

(d) Labor charges that include researching, locating, reviewing, compiling, editing and otherwise processing information and records responsive to the request:

(A) No charge for the first thirty (30) minutes of staff time;

(B) After the first thirty (30) minutes, the staff labor rate is twenty-five (25) dollars per hour, with a six dollars twenty-five cents (6.25) minimum;

(C) Actual attorney and other legal fees and costs charged to the Board for review of the request, records, redacting confidential materials from the public records, segregating the public records into exempt and nonexempt records, and response.

(e) Miscellaneous fees related to production and release of public records responsive the request such as:

(A) expedited retrieval from the State of Oregon Records Center;

(B) costs of hardware or software needed to manage the request (such as for a large volume of data);

(f) If fees are estimated to be more than twenty-five (25) dollars, the requestor will be provided a written cost estimate by Board staff before the Board responds to the request. The requestor must then timely confirm to the Board in writing that the requestor wants the Board to proceed with making the records available and understands the estimated fees. The Board will not take further action on the request prior to receiving such confirmation from the requestor. The Board will try to work with the requestor to determine if refinement of the request would result in reduced cost;

(g) The fee structure as described in (4)(a)-(4)(f) does not apply to Board records with established prices per record as listed in OAR 809-010-0001 Fees.

(5) Fees for public records requests must be paid as follows:

(a) Before the requested public records will be made available for inspection or copies provided. The Board Administrator may require pre-payment of estimated fees before taking further action on a request;

(b) By check, money order, or any credit card accepted by the Board office;

(c) If payment is rejected by the bank or credit card company, the requesting party will be notified and be responsible for any charges incurred by the Board as a result of the rejected payment. This is in addition to the fees for response to the request.

(6) The Board Administrator may waive or reduce fees for:

(a) Responses to requests that can be provided with less than sixty (60) minutes of staff time and in electronic format via email delivery; or

(b) Responses to requests that the Board Administrator determines are in the public interest because making the public records available primarily benefit the general public or Board registrants;

History

Statutory/Other Authority: ORS 670.310, 182.466, 192.318 & 192.324
Statutes/Other Implemented: ORS 192.311 & 192.390
BGE 1-2019, amend filed 06/07/2019, effective 06/07/2019
BGE 2-2014, f. & cert. ef. 12-5-14
BGE 1-2002, f. & cert. ef. 2-6-02
GE 1-1984, f. & ef. 2-1-84

Or. Admin. R. 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 rule relieves a public body from complying with the Public Meetings Law, ORS 192.610 to 192.690. Whether or not they are confidential under this or other rules of the agency, mediation communications are exempt from disclosure under the Public Records Law to the extent provided in ORS 192.410 to 192.505.

(3) This rule applies only to mediations in which the agency is a party or is mediating a dispute as to which the agency has regulatory authority. This rule does not apply when the agency is acting as the "mediator" in a matter in which the agency also is a party as defined in ORS 36.234.

(4) To the extent mediation communications would otherwise be compromise negotiations under ORS 40.190 (OEC Rule 408), those mediation communications are not admissible as provided in ORS 40.190 (OEC Rule 408), notwithstanding any provisions to the contrary in section (9) of this rule.

(5) Mediations Excluded. Sections (6)–(10) of this rule do not apply to:

(a) Mediation of workplace interpersonal disputes involving the interpersonal relationships between this agency's employees, officials or employees and officials, unless a formal grievance under a labor contract, a tort claim notice or a lawsuit has been filed; or

(b) Mediation in which the person acting as the mediator will also act as the hearings officer in a contested case involving some or all of the same matters;

(d) Mediation involving two or more public bodies and a private party if the laws, rule or policies governing mediation confidentiality for at least one of the public bodies provide that mediation communications in the mediation are not confidential; or

(e) Mediation involving 15 or more parties if the agency has designated that another mediation confidentiality rule adopted by the agency may apply to that mediation.

(6) Disclosures by Mediator. A mediator may not disclose or be compelled to disclose mediation communications in a mediation and, if disclosed, such communications may not be introduced into evidence in any subsequent administrative, judicial or arbitration proceeding unless:

(a) All the parties to the mediation and the mediator agree in writing to the disclosure; or

(b) The mediation communication may be disclosed or introduced into evidence in a subsequent proceeding as provided in subsections (c)–(d), (j)–(l) or (o)–(p) of section (9) of this rule.

(7) Confidentiality and Inadmissibility of Mediation Communications. Except as provided in sections (8)–(9) of this rule, mediation communications are confidential and may not be disclosed to any other person, are not admissible in any subsequent administrative, judicial or arbitration proceeding and may not be disclosed during testimony in, or during any discovery conducted as part of a subsequent proceeding, or introduced as evidence by the parties or the mediator in any subsequent proceeding.

(8) Written Agreement. Section (7) of this rule does not apply to a mediation unless the parties to the mediation agree in writing, as provided in this section, that the mediation communications in the mediation will be confidential and/or nondiscoverable and inadmissible. If the mediator is the employee of and acting on behalf of a state agency, the mediator or an authorized agency representative must also sign the agreement. The parties' agreement to participate in a confidential mediation must be in substantially the following form. This form may be used separately or incorporated into an "agreement to mediate." [Form not included. See ED. NOTE.]

(9) Exceptions to confidentiality and inadmissibility.

(a) Any statements, memoranda, work products, documents and other materials, otherwise subject to discovery that were not prepared specifically for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding.

(b) Any mediation communications that are public records, as defined in ORS 192.410(4), and were not specifically prepared for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential or privileged under state or federal law.

(c) A mediation communication is not confidential and may be disclosed by any person receiving the communication to the extent that person reasonably believes that disclosing the communication is necessary to prevent the commission of a crime that is likely to result in death or bodily injury to any person. A mediation communication is not confidential and may be disclosed in a subsequent proceeding to the extent its disclosure may further the investigation or prosecution of a felony crime involving physical violence to a person.

(d) Any mediation communication related to the conduct of a licensed professional that is made to or in the presence of a person who, as a condition of his or her professional license, is obligated to report such communication by law or court rule is not confidential and may be disclosed to the extent necessary to make such a report.

(e) The parties to the mediation may agree in writing that all or part of the mediation communications are not confidential or that all or part of the mediation communications may be disclosed and may be introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential, privileged or otherwise prohibited from disclosure under state or federal law.

(f) A party to the mediation may disclose confidential mediation communications to a person if the party's communication with that person is privileged under ORS Chapter 40 or other provision of law. A party to the mediation may disclose confidential mediation communications to a person for the purpose of obtaining advice concerning the subject matter of the mediation, if all the parties agree.

(g) An employee of the agency may disclose confidential mediation communications to another agency employee so long as the disclosure is necessary to conduct authorized activities of the agency. An employee receiving a confidential mediation communication under this subsection is bound by the same confidentiality requirements as apply to the parties to the mediation.

(h) A written mediation communication may be disclosed or introduced as evidence in a subsequent proceeding at the discretion of the party who prepared the communication so long as the communication is not otherwise confidential under state or federal law and does not contain confidential information from the mediator or another party who does not agree to the disclosure.

(i) In any proceeding to enforce, modify or set aside a mediation agreement, a party to the mediation may disclose mediation communications and such communications may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of mediation communications or agreements to persons other than the parties to the agreement.

(j) In an action for damages or other relief between a party to the mediation and a mediator or mediation program, mediation communications are not confidential and may be disclosed and may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of the mediation communications or agreements.

(k) When a mediation is conducted as part of the negotiation of a collective bargaining agreement, the following mediation communications are not confidential and such communications may be introduced into evidence in a subsequent administrative, judicial or arbitration proceeding:

(A) A request for mediation; or

(B) A communication from the Employment Relations Board Conciliation Service establishing the time and place of mediation; or

(D) A strike notice submitted to the Employment Relations Board.

(l) To the extent a mediation communication contains information the substance of which is required to be disclosed by Oregon statute, other than ORS 192.410 to 192.505, that portion of the communication may be disclosed as required by statute.

(m) Written mediation communications prepared by or for the agency or its attorney are not confidential and may be disclosed and may be introduced as evidence in any subsequent administrative, judicial or arbitration proceeding to the extent the communication does not contain confidential information from the mediator or another party, except for those written mediation communications that are:

(A) Attorney-client privileged communications so long as they have been disclosed to no one other than the mediator in the course of the mediation or to persons as to whom disclosure of the communication would not waive the privilege; or

(B) Attorney work product prepared in anticipation of litigation or for trial; or

(C) Prepared exclusively for the mediator or in a caucus session and not given to another party in the mediation other than a state agency; or

(D) Prepared in response to the written request of the mediator for specific documents or information and given to another party in the mediation; or

(E) Settlement concepts or proposals, shared with the mediator or other parties.

(n) A mediation communication made to the agency may be disclosed and may be admitted into evidence to the extent the Oregon State Board of Geologist Examiners determines that disclosure of the communication is necessary to prevent or mitigate a serious danger to the public’s health or safety, and the communication is not otherwise confidential or privileged under state or federal law.

(o) The terms of any mediation agreement are not confidential and may be introduced as evidence in a subsequent proceeding, except to the extent the terms of the agreement are exempt from disclosure under ORS 192.410 to 192.505, a court has ordered the terms to be confidential under ORS 17.095 or state or federal law requires the terms to be confidential.

(p) The mediator may report the disposition of a mediation to the agency at the conclusion of the mediation so long as the report does not disclose specific confidential mediation communications. The agency or the mediator may use or disclose confidential mediation communications for research, training or educational purposes, subject to the provisions of ORS 36.232(4).

(10) When a mediation is subject to section (7) of this rule, the agency will provide to all parties to the mediation and the mediator a copy of this rule or a citation to the rule and an explanation of where a copy of the rule may be obtained. Violation of this provision does not waive confidentiality or inadmissibility.

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 36.224 & 670.310
Statutes/Other Implemented: ORS 36.220 - 36.238
BGE 5-2004, f. & cert. ef. 6-23-04
BGE 1-2004(Temp), f. & cert. ef. 4-6-04 thru 10-3-04

Division 3 DEFINITIONS

Or. Admin. R. 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 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.

(28) "Threat to the Public Health, Welfare, or Property": A threat of geologic nature such as, but not limited to, induced or imminent instability of a slope, exacerbation of or continuation of a high rate of erosion, flood hazard or land subsidence, ongoing or potential contamination of underground or surface waters. Also a potential threat which would be induced by an action taken in ignorance of, or without regard to geologic conditions such as construction of residences or other structures intended for habitation in areas prone to landslides, mudflows, volcanic eruption, tsunamis, or earthquakes without proper mitigation measures, or construction of dams or other waterworks, bridges, power plants or other critical facilities without exhaustive investigation of potential geologic hazards and incorporation of approved mitigation measures into their design.

(29) "Upper Division": Geology courses successfully completed at an accredited college or university and determined by the Board to be other than introductory-level courses. These courses will generally include those completed in the third and fourth year of a bachelor's degree program in the geologic sciences but may also include other courses taken at the undergraduate level. Graduate-level geology courses are considered upper division.

(30) "Year of Study": For purposes of calculating a year of education credit for post-baccalaureate studies, 22.5 quarter hours or the equivalent of successfully completed graduate-level geology coursework.

History

Statutory/Other Authority: ORS 672.515, 672.545, 672.555, 672.565, 672.585, 672.595 & 672.605
Statutes/Other Implemented: ORS 672.505 - 672.705
BGE 2-2023, amend filed 12/08/2023, effective 12/08/2023
BGE 1-2021, amend filed 03/09/2021, effective 03/10/2021
BGE 3-2019, amend filed 12/09/2019, effective 12/09/2019
BGE 1-2012, f. & cert. ef. 6-15-12
BGE 3-2006, f. & cert. ef. 11-13-06
BGE 9-2004, f & cert. ef. 10-19-04
BGE 2-2002, f. & cert. ef. 4-15-02
BGE 2-1999, f. & cert. ef. 11-8-99
GE 1-1985, f. & ef. 7-1-85
GE 4-1984, f. & ef. 12-18-84
GE 3-1984, f. & ef. 12-4-84
GE 1-1984, f. & ef. 2-1-84

Division 5 CERTIFICATION OF SPECIALTY

Or. Admin. R. 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 registration.

(3) To be certified as an engineering geologist, the geologist must be qualified under OAR 809-030-0020(2).

History

Statutory/Other Authority: ORS 670.310, ORS 672.565, 672.575 & 672.585
Statutes/Other Implemented: ORS 672.565 & 672.585
BGE 1-2021, amend filed 03/09/2021, effective 03/10/2021
BGE 1-2002, f. & cert. ef. 2-6-02
GE 1-1984, f. & ef. 2-1-84

Or. Admin. R. 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.

History

Statutory/Other Authority: ORS 183, 192 & 672
BGE 1-2002, f. & cert. ef. 2-6-02
GE 1-1990, f. & cert. ef. 10-2-90
GE 1-1984, f. & ef. 2-1-84

Division 10 FEES

Or. Admin. R. 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.

(b) Engineering geologist examination — $370.00.

(c) Proctored review of engineering geologist examination — $50.00 to $100.00 based on the actual administrative costs of providing the service, including any costs for staff or Board member time, copies, postage, and other processing costs.

(d) Examination resubmittal fee — $50.00.

(2) Registration and Renewal

(a) Geologist-in-Training initial registration and annual renewal — $100.00.

(b) Registered Geologist initial registration and annual renewal — $325.00. For a Geologist-in-Training issued an initial geologist registration, a prorated fee is refunded at the time of the initial issuance of registration to account for the remaining time period covered by the last annual registration fee paid for Geologist-in-Training registration.

(c) Certified Engineering Geologist initial certification and annual renewal — $255.00. Engineering Geologist must have a current geologist registration. For a Certified Engineering Geologist, the initial certification fee for the specialty registration is prorated to set the renewal date concurrent with the registrant’s existing geologist registration.

(d) Duplicate or replacement of lost, destroyed, or mutilated registration card or wall certificate —$25.00.

(e) Restoration (late) fee if received:

(A) One to ninety days after due date: $40.00;

(B) Ninety-one to one-hundred seventy-nine days after due date: $75.00;

(f) Renewal of Registered Geologist registration, if registrant is 70 years of age or over by renewal date — $55.00.

(g) Renewal of Certified Engineering Geologist registration, if registrant is 70 years of age or over by renewal date — $55.00.

(3) Miscellaneous

(a) Application Fees: The following application fees apply, except for the application fee for examination resubmittal is addressed in (1)(d) of this rule.

(A) Application fee for ASBOG Fundamentals of Geology examination — $125.00

(B) Application fee for Geologist-in-Training registration — $125.00

(D) Application for Registered Geologist, Certified Engineering Geologist, or Temporary Military Spouse Registration — $200.00

(b) Petition for Review of Criminal Conviction fee - $200.00

(d) Temporary Military Spouse Registration Fee — $325.00. This fee is for a two-year authorization issued under OAR 809-050-0015 and is in addition to the application fee in (3) of this rule.

(e) File Maintenance Fee — $25.00 per request. This fee is to cover maintaining examination files for passing candidates who do not register in Oregon.

(f) Fee for a list of all active registrants — $50.00.

History

Statutory/Other Authority: ORS 182.466(4), ORS 670.310(1) & ORS 672.705
Statutes/Other Implemented: ORS 672.705
BGE 2-2025, amend filed 09/23/2025, effective 09/30/2025
BGE 1-2025, amend filed 06/17/2025, effective 07/01/2025
BGE 1-2024, amend filed 03/05/2024, effective 03/05/2024
BGE 1-2023, amend filed 06/06/2023, effective 07/01/2023
BGE 1-2022, amend filed 10/26/2022, effective 11/01/2022
BGE 1-2020, amend filed 03/09/2020, effective 03/09/2020
BGE 4-2019, temporary amend filed 12/09/2019, effective 12/09/2019 through 06/05/2020
BGE 3-2019, amend filed 12/09/2019, effective 12/09/2019
BGE 1-2017, f. 6-5-17, cert. ef. 7-1-17
BGE 1-2016, f. & cert. ef. 9-20-16
BGE 2-2013, f. & cert. ef. 9-24-13
BGE 1-2011, f. 6-21-11, cert. ef. 7-1-11
BGE 2-2007, f. 6-25-07, cert. ef. 7-1-07
BGE 3-2005, f. & cert. ef. 12-7-05
BGE 2-2005, f. & cert. ef. 9-28-05
BGE 6-2004, f. & cert. ef. 8-5-04
BGE 3-2002, f. & cert. ef. 7-9-02
BGE 1-2002, f. & cert. ef. 2-6-02
BGE 2-2001, f. & cert. ef. 3-23-01
BGE 1-1999, f. & cert. ef. 6-17-99
GE 2-1996, f. & cert. ef. 8-30-96
Reverted to GE 1-1989, f. 12-18-89, cert. ef. 1-1-90
GE 1-1993(Temp), f. 3-1-93, cert. ef. 3-2-93
GE 1-1989, f. 12-18-89, cert. ef. 1-1-90
GE 2-1986, f. & ef. 3-5-86
GE 1-1985, f. & ef. 7-1-85
GE 1-1984, f. & ef. 2-1-84
GE 2-1983(Temp), f. 10-14-83, ef. 11-1-83
GE 1-1982, f. & ef. 5-14-82
GE 1-1981, f. & ef. 8-3-81
GE 2-1979, f. 10-2-79, ef. 10-3-79
GE 2, f. & ef. 12-13-77
GE 1(Temp), f. & ef. 11-3-77

Or. Admin. R. 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 accounts as necessary within the approved budget of $993,717 for the effective operation of the Board. The Board will not exceed the approved 2025-2027 Biennial Budget unless registrants are noticed, a public hearing is convened, and this rule is amended as required by ORS Chapter 182.462(1). A copy of the budget is available from the Board's office and at the Board’s website.

History

Statutory/Other Authority: ORS 672.705, 182.462 & 670.310
Statutes/Other Implemented: ORS 672.505 & 182.462
BGE 1-2025, amend filed 06/17/2025, effective 07/01/2025
BGE 1-2023, amend filed 06/06/2023, effective 07/01/2023
BGE 2-2021, amend filed 06/07/2021, effective 07/01/2021
BGE 2-2019, amend filed 06/07/2019, effective 07/01/2019
BGE 1-2017, f. 6-5-17, cert. ef. 7-1-17
BGE 1-2015, f. 6-1-15, cert. ef. 7-1-15
BGE 1-2013, f. 6-3-13, cert. ef. 7-1-13
BGE 4-2012, f. 12-13-12, cert. ef. 12-21-12
BGE 1-2011, f. 6-21-11, cert. ef. 7-1-11
BGE 1-2009, f. 6-15-09, cert. ef. 7-1-09
BGE 2-2007, f. 6-25-07, cert. ef. 7-1-07
BGE 1-2005, f. & cert. ef. 8-15-05
BGE 2-2003, f. 6-13-03, cert. ef. 7-1-03
BGE 1-2001, f. & cert. ef. 3-23-01
BGE 1-1999, f. & cert. ef. 6-17-99

Division 15 RENEWALS, RESTORATIONS

Or. Admin. R. 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 Engineering Geologist, the certification renewal date is set concurrent with the geologist registration renewal date as specified in (b).

(2) Renewals filed with the Board after the renewal date are subject to a restoration (late) fee as specified in OAR 809-010-0001.

(3) Expiration date for purposes of annual renewal is the next calendar day after the renewal date. If a renewal, including payment of fees, is not completed on or before the renewal date, then the registration is not active unless restored. This is also referred to as lapsed registration. Restoration of registration must be completed as specified in OAR 809-015-0005 in order for the registrant to publicly practice geology under the registration.

(4) As part of a renewal application, a registrant shall verify, and update as applicable, the following contact information:

(a) Home (personal) mailing address and phone number;

(b) Work mailing address and phone number, if applicable;

(d) One preferred email address.

History

Statutory/Other Authority: ORS 183, 192 & 672
Statutes/Other Implemented: ORS 672.585
BGE 1-2016, f. & cert. ef. 9-20-16
BGE 4-2005, f. & cert. ef. 12-14-05
BGE 1-2002, f. & cert. ef. 2-6-02
GE 1-1984, f. & ef. 2-1-84, Renumbered from 809-010-0005
GE 1-1981, f. & ef. 8-3-81
Reverted to GE 2, f. & ef. 12-13-77
GE 3-1978(Temp), f. & ef. 12-15-78
GE 2, f. & ef. 12-13-77
GE 1(Temp), f. & ef. 11-3-77

Or. Admin. R. 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 Engineering Geologist, or Geologist-in-Training must make a written request to the Board for restoration and pay:

(a) The applicable annual registration fees for all years in which the registration was not renewed;

(b) The annual renewal fee for the current year; and

History

Statutory/Other Authority: ORS 183, 192 & 672
Statutes/Other Implemented: ORS 672.585
BGE 1-2016, f. & cert. ef. 9-20-16
BGE 4-2005, f. & cert. ef. 12-14-05
GS 1-1988, f. 11-18-88, cert. ef. 12-1-88
GE 1-1984, f. & ef. 2-1-84
GE 1-1981, f. & ef. 8-3-81
Reverted to GE 2, f. & ef. 12-13-77
GE 3-1978(Temp), f. & ef. 12-15-78
GE 2, f. & ef. 12-13-77
GE 1(Temp), f. & ef. 11-3-77

Or. Admin. R. 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 not limited to passage of national and specialty examination required by the Board unless previously passed as verified by the Board.

(3) Upon application to the Board for a new registration, a previous registration number shall not be reinstated.

History

Statutory/Other Authority: ORS 670.310 & 672.585
Statutes/Other Implemented: ORS 672.585
BGE 1-2016, f. & cert. ef. 9-20-16
BGE 1-2007, f. & cert. ef. 3-14-07
BGE 1-2002, f. & cert. ef. 2-6-02
BGE 2-1999, f. & cert. ef. 11-8-99
GE 1-1990, f. & cert. ef. 10-2-90
GE 1-1984, f. & ef. 2-1-84
GE 1-1981, f. & ef. 8-3-81
Reverted to GE 2, f. & ef. 12-13-77
GE 3-1978(Temp), f. & ef. 12-15-78
GE 2, f. & ef. 12-13-77
GE 1(Temp), f. & ef. 11-3-77

Or. Admin. R. 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 written documentation demonstrating good cause to justify the reissuance;

(3) Submission of all application materials meeting the requirements for first-time registrants as prescribed in Qualification Standards and Experience, OAR 809-30-0000 through 809-30-0025, and all relevant registration and application fees as prescribed in Fees, OAR 809-010-0001;

(4) Take or retake and pass the ASBOG fundamental and practice examinations, and specialty examinations as applicable.

History

Statutory/Other Authority: ORS 672.515 & 672.685
Statutes/Other Implemented: ORS 672.505-672.705
BGE 1-2012, f. & cert. ef. 6-15-12

Division 20 CODE OF PROFESSIONAL CONDUCT

Or. Admin. R. 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 professional duties.

History

Statutory/Other Authority: ORS 672
GE 4-1984, f. & ef. 12-18-84

Or. Admin. R. 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, commission, or other tribunal, a Registered Geologist shall express only those opinions founded upon adequate professional knowledge of the matters at issue.

(3) A Registered Geologist shall sign and seal only professional work, including, but not limited to, maps and report for which the geologist has direct professional knowledge, and for which the geologist intends to be responsible for its accuracy and adequacy.

(4) A Registered Geologist shall not take credit for work conducted by others. When using the results of other geologists’ work in the performance of the practice of geology, a geologist shall give due credit to the other geologists by citation or acknowledgement. Work of other geologists which is proprietary, or was not intended to be made generally available, shall not be used without the permission of the other geologist. Nothing in this paragraph prohibits any person from sending the work of any geologist or the work of any person publicly practicing geology in Oregon to the Board.

(5) A Registered Geologist shall not knowingly make false statements or misrepresentations, or permit the publication or use of the geologist’s name or work in association with any fraudulent activities.

(6) A Registered Geologist shall make full disclosure to all parties concerned of any conflict of interest in projects or properties on which the geologist performs work.

(7) If a Registered Geologist has knowledge or reasonable cause to believe another person or geologist is in violation of the registration law, ORS Chapter 672, or the related administrative rules, the geologist shall present such information to the Oregon Board of Geologist Examiners, in writing.

(8) If a Registered Geologist’s professional judgment is overruled or not adhered to under circumstances where the geologist has reasonable cause to believe there is a clear and present threat to the public health or welfare or property, the geologist shall immediately notify the client/employer. If the client/employer does not take appropriate action within a reasonable amount of time under the circumstances, the geologist shall notify in writing the agency of local government having jurisdiction, or in the case of state/federal property the state/federal agency having land management responsibility, and the Board of the nature of the public threat.

History

Statutory/Other Authority: ORS 672
BGE 1-2002, f. & cert. ef. 2-6-02
GE 4-1984, f. & ef. 12-18-84

Or. Admin. R. 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 employment by a client/employer, use information developed for, or the resources of, said client/employer for private gain or in any other manner that may conflict with the client/employer’s interest without the knowledge and consent of the client/employer, except as specified in OAR 809-020-0006(8) Responsibility to Profession. In the case of a former client/employer, a geologist shall honor agreements with that former client/employer with regard to proprietary information, except as specified by OAR 809-020-0006(8).

(3) A geologist shall either engage or advise a client/employer to engage other experts or specialists if the client/employer’s interests are best served by such service.

(4) A geologist shall give due notice of withdrawal of service from a client/employer. Due notice shall be either 30 days or a time mutually agreed to by the geologist and the client/employer, whichever is less. However, a geologist may withdraw from service without due notice if:

(a) The geologist fails to receive compensation, or has reasonable cause to believe that compenstion for services performed will not be received;

(b) The geologist knows, or has reasonable cause to believe, that continued employment will result in a violation of this Code, ORS Chapter 672, the related administrative rules, or will otherwise be illegal;

(c) The geologist knows, or has reasonable cause to believe, that the client/employer is involved in illegal or fraudulent practices, or practices dangerous to the public health, and welfare and property;

(d) The geologist knows, or has reasonable cause to believe, that continued employment will result in sickness or injury to the geologist or the geologist’s dependents.

(5) A geologist shall not accept compensation concurrently from more than one client/employer on a project, unless the circumstances of payment are fully disclosed and agreed to by all financially interested parties.

History

Statutory/Other Authority: ORS 672
GE 4-1984, f. & ef. 12-18-84

Or. Admin. R. 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 preferred address of record on file with the Board.

(2) A geologist shall notify the Board within 30 days of any change in the personal contact information as required in OAR 809-015-0000(5). This notification is in addition to any updates provided as part of a registration renewal. Updates may be provided by written letter or email to the Board office. A geologist may also provide updates through an online portal, where made available by the Board.

(3) A geologist, when requested by the Board, shall present information and assistance to the Board in pursuing violations of laws and rules relating to the practice of geology in the State of Oregon. A geologist shall not dismiss from his employment, or take any other sanction against another geologist because of the other geologist's compliance with this, or any other subsection, of the Code of Professional Conduct, ORS Chapter 672, or the related administrative rules.

History

Statutory/Other Authority: ORS 672.655 & 670.310
Statutes/Other Implemented: 672.655
BGE 1-2016, f. & cert. ef. 9-20-16
BGE 1-2007, f. & cert. ef. 3-14-07
BGE 1-2002, f. & cert. ef. 2-6-02
GE 4-1984, f. & ef. 12-18-84
GE 1-1978, f. & ef. 3-9-78
GE 3(Temp), f. & ef. 12-14-77

Or. Admin. R. 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 is not limited to, any of the following acts committed in connection with or related to the public practice of geology:

(1) Signing or stamping work not prepared under the direct supervision or control of the registered geologist;

(2) Offering or accepting gifts (other than those of nominal value, such as entertainment or hospitality), with the intent of influencing the judgment of a client, prospective client, government official, or another geologist in connection with a project, or employment, in which the registered geologist is to be retained or has a financial interest;

(3) Fraud, deceit, misrepresentation, false impersonation, false or forged evidence, or a felony conviction;

(4) Practicing geology while impaired by alcohol or other drugs;

(5) Engaging in false, misleading or deceptive advertising;

(6) Negligence, gross negligence, or incompetence.

History

Statutory/Other Authority: ORS 670.310 & 672.655
Statutes/Other Implemented: ORS 672.675 & 672.690
BGE 3-2019, amend filed 12/09/2019, effective 12/09/2019
BGE 3-2012, f. 12-13-12, cert. ef. 12-21-12
GE 4-1984, f. & ef. 12-18-84

Division 25 CONTINUING EDUCATION

Or. Admin. R. 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 endeavor that has a clear purpose and objective and maintains, improves or expands the professional knowledge or skill of the registrant or develops new and relevant knowledge or skills in relation to the public practice of geology, as defined at ORS 672.505(7).

(3) “Continuing Education Hour” - one (1) hour (with no less than fifty (50) minutes of direct involvement, commonly referred to as a contact hour) of an activity that meets the requirements of these rules.

(4) “Pro bono service” - refers to professional services related to the public practice of geology, as defined at ORS 672.505(7), provided to the public or an organization without fee or other compensation. Services must draw upon the knowledge and skills of the registrant while also helping to maintain, improve, or enhance the registrant’s practice. Unbilled hours from a project done for compensation do not qualify as pro bono service.

(5) “Renewal period” – the one (1) year period immediately preceding a registrant’s annual renewal date. For example, the renewal period for a registrant with a renewal date of May 31 begins June 1 of the previous year and runs through the renewal date.

(6) “Self-directed educational activity” - A continuing education activity that:

(a) Does not have a sponsor;

(b) Is accounted for in terms of time spent completing the activity by the registrant; and

(7) “Sponsor” – an entity, such as but not necessarily limited to, an employer, professional organization, non-profit organization, university, or for-profit business, which provides a continuing education activity that the registrant completes to fulfill the continuing education activity requirements of these rules.

(8) “Structured educational activity” - any continuing education activity that:

(a) Has a sponsor;

(b) Is documented by the sponsor and verifiable by the Board; and.

(c) For academic coursework, the conversion of academic coursework credit to continuing education activity credit shall be as defined in 809-025-0015(2)(b).

History

Statutory/Other Authority: ORS 670.310 & ORS 672.588
Statutes/Other Implemented: ORS 672.588
BGE 3-2020, adopt filed 06/03/2020, effective 01/01/2021

Or. Admin. R. 809-025-0010 Continuing Education Requirements

(1) Each registrant shall complete eight (8) hours of qualifying continuing education activities during the annual renewal period as a condition of registration, with the exception of:

(a) A registrant that is a Geologist-in-Training (GIT) is exempt from continuing education activity requirements. The Board encourages GITs to voluntarily complete continuing education activities.

(b) A registrant granted an initial registration as a Registered Geologist under 809-030-0015 is exempt from continuing education activity requirements for the first year of registration with the Board; and

(2) A registrant must certify through signature or electronic means at the time of renewal that the registrant has completed the minimum required number of hours of continuing education activities and maintained documentation of completion as required by these rules.

(3) If a registrant exceeds eight (8) hours of qualifying structured or self-directed educational activities within the renewal period, the registrant may carry over up to eight (8) hours into the next renewal period. Hours in excess of eight (8) hours may not be carried over into the next renewal period.

(4) These continuing education activity requirements are effective as of January 1, 2021. This means that a registrant, unless otherwise exempt under this rule, who applies for a registration renewal after January 1, 2022 must have completed the required continuing education activities in the 2021-2022 renewal year. A registrant must complete the annual continuing education activity hours in each subsequent renewal year after January 1, 2021, unless otherwise exempt under this rule in any given renewal year.

History

Statutory/Other Authority: ORS 670.310 & ORS 672.588
Statutes/Other Implemented: ORS 672.588 & ORS 672.585
BGE 3-2020, adopt filed 06/03/2020, effective 01/01/2021

Or. Admin. R. 809-025-0015 Continuing Education Activities

(1) The following criteria apply to all continuing education activities regardless of type:

(a) Continuing education activities shall be relevant to the public practice of geology, or no credit shall be awarded. Such continuing education activities may also include technical, ethical, legal, regulatory, or managerial content that is relevant to the registrant’s public practice of geology.

(b) The Board encourages registrants to seek diversified types of continuing education activities over the course of their geologic careers.

(c) Registrants must pursue their continuing education activities with an objective to inform and improve their geologic knowledge as related to geologic practice and for the benefit of Oregon citizens in relation to the public practice of geology in Oregon.

(d) Registrants must complete continuing education activities that are distinct from typical, day-to-day work duties. However, activities may be completed during typical working hours, such as through trainings or other educational events provided by an employer or sponsor.

(2) The Board does not pre-approve continuing education activities. The Board will generally approve and credit hours for continuing education activities as follows:

(a) For structured activities, the Board will approve and credit continuing education activities for each hour completed and documented in accordance with the requirements of these rules. Structured educational activities may be completed in-person, through written correspondence, via televised or video recorded format, or through the internet.

(b) Academic Coursework: The following conversions shall apply:

(A) Courses or programs awarded one or more semester credit hours by a college or university, with a passing grade received where grades are issued, shall equal fifteen (15) continuing education activity hours per semester credit hour;

(B) Courses or programs awarded one or more college quarter hours by a college or university, with a passing grade received where grades are issued, shall equal ten (10) continuing education activity hours per quarter credit hour

(c) Continuing Education Units (CEUs): Courses or programs awarded one or more CEUs by the course sponsor, with a passing grade received where grades are issued, shall equal ten (10) continuing education activity hours per CEU.

(d) For self-directed educational activities, the Board may credit the following types of continuing education activities where the activities meet the requirements of these rules:

(A) Professional Seminars, Meetings, and Panels: One (1) hour of credit for one (1) hour of attendance at a professional seminar, meeting, or similar event or spent preparing for and as a participant in a panel at a professional seminar, meeting, or similar event. The topic(s) covered must be related to the professional practice of geology, as defined at ORS 672.505(7).

(B) Field Trips: One (1) hour of credit for one (1) hour completed as a participant in a field trip involving geologic content, where the trip was organized and led by a professional or technical society or in conjunction with a seminar, meeting, or similar event. The Board will not credit more than four (4) hours per field trip.

(C) Teaching and Professional Presentations: Two (2) hours of credit for one (1) hour preparing for and teaching a course or class or preparing for and giving a presentation to a group where the topic covered must be related to the professional practice of geology, as defined at ORS 672.505(7). A registrant shall not receive credit for teaching the same course or class or giving the same presentation two or more times. This credit is not available to a registrant that teaches as a primary duty of employment.

(D) Professional or Technical Societies: One (1) hour of credit for one (1) of service as an officer, or a committee, taskforce, or work group member of a professional or technical society with a focus related to the professional practice of geology, as defined at ORS 672.5050(7). However, hours shall not be earned until a year of service is completed.

(E) Authoring: Up to eight (8) hours of credit for authoring (publishing) an original professional paper, article, book, or geological map where hours claimed must be justified based on the type, length, and complexity of the publication. The Board may also consider whether the publication was adequately peer reviewed in determining hours credited. Credit may be available for either authorship or presentation of the publication in its initial version but not both. Credit cannot be requested until the paper, article, book, or geologic map has been published or presented.

(F) Professional Examination Review and Writing: Two (2) hours of credit for one (1) hour spent preparing to serve or serving as an examination reviewer or on a committee writing examination materials for an examination used for purposes of assessing minimum competency to publicly practice geology or a geologic specialty.

(G) Pro Bono Service: One (1) hour of credit for one (1) hour of pro bono service that meets the requirements of 809-25-0000(4) and maintains, improves, or expands the professional knowledge or skill of the registrant.

(H) State Registration Board Participation: Eight (8) hours of credit for one (1) year of active membership on a state geologist registration board. For a registrant not serving as a state geologist registration board member, the Board will credit participation in state geologist registration board activities as follows:

(i) One (1) hour of credit for one (1) hour of attendance at a state geologist registration board meeting as documented in official meeting minutes of a state geologist registration board;

(ii) One (1) hour of credit for one (1) hour of participation in a state geologist registration board committee, taskforce, or work group; and

(iii) The Board will not credit more than two (2) hours per renewal year for either (i) or (ii).

(I) Self-Study: One (1) hour of credit for two (2) hours of reading professional, peer-reviewed papers or similar documents on a topic related to the professional practice of geology, as defined at ORS 672.505(7). The registrant is responsible for documenting the self study, such as by preparing a written summary of key points from the papers or documents read. The Board will not credit more than two (2) hours per renewal year for self study.

(3) The Board has the final authority to determine in its sole discretion whether continuing education activities requested by a registrant meet the requirements of these rules.

History

Statutory/Other Authority: ORS 670.310 & ORS 672.588
Statutes/Other Implemented: ORS 672.588
BGE 3-2020, adopt filed 06/03/2020, effective 01/01/2021

Or. Admin. R. 809-025-0020 Record Keeping

(1) Each registrant is responsible for maintaining records that document completion of the continuing education activity requirements of these rules. Documentation shall support all continuing education activity hours claimed.

(2) The registrant’s continuing education activity records shall contain at least the following documentation:

(a) A log of continuing education activities completed using a Board-provided form and showing:

(A) The type of activities claimed;

(B) The sponsors, as applicable;

(D) The location and date of the activities;

(E) The instructor or speaker names and titles, as applicable; and

(F) The number of hours spent completing the activities and the continuing education hours earned.

(b) Attendance verification records in the form of completion certificates or other documents provided by the sponsor and supporting evidence of attendance such as:

(A) Certificates of completion;

(B) Signed attendance receipts;

(D) A copy of a final attendee list.

(c) If proof of attendance, as described in (2)(b) of this rule, is not provided by the sponsor and is not made available upon request made by the registrant to the sponsor, then a copy of the sign-in sheet, which includes the date, title, and presenter, along with the agenda may be submitted to verify participation for purposes of documenting continuing education activity credit.

(d) In the absence of the documentation described in (2)(b) and (2)(c) or for a self-directed educational activity, described in 809-025-0015(2)(d), the registrant is required to prepare and retain a written summary of the continuing education activity including, at a minimum, the following information:

(A) A brief description of the activity;

(B) The date(s) and hours of the activity;

(D) The continuing education activity hours claimed; and

(E) A summary of how the activity related to the public practice of geology, as defined in ORS 672.505(7), and maintained, improved, expanded, or developed the professional knowledge or skills of the registrant.

(3) The registrant shall retain continuing education activity documentation for a period of at least three (3) years. The registrant does not need to submit this documentation at the time of registration renewal. However, documentation shall be made available to the Board in a timely manner upon notice of selection for audit or upon other written request from the Board.

History

Statutory/Other Authority: ORS 670.310 & ORS 672.588
Statutes/Other Implemented: ORS 672.588
BGE 3-2020, adopt filed 06/03/2020, effective 01/01/2021

Or. Admin. R. 809-025-0025 Continuing Education Audit

(1) Each active registrant is subject to having continuing education activities and associated documentation audited annually.

(2) The Board shall audit at least two (2) to five (5) percent of active registrants annually. Registrants shall be randomly selected by the Board for audit. The Board shall determine the schedule for audits.

(3) Registrants receiving an audit notification shall provide documentation of completion of qualifying continuing education activities. This documentation shall be provided to the Board within twenty-one (21) calendar days of the date the Board audit notification is sent to the registrant unless a longer deadline has been set by the Board in writing.

(4) Documentation submitted for audit shall, at a minimum, include those records required to be maintained under 809-025-0020, with the exception that:

(a) The registrant is not required to submit documentation for continuing education activities identified on the log that were completed in excess of the 8 hour per renewal period requirement, unless the registrant is requesting Board confirmation of carryover hours;

(b) The registrant may submit a copy of a previous Board audit finding informing the registrant of approved carryover hours for the current audit period without submitting any other documentation for those continuing education activities; and

(c) The registrant may submit documentation of approved exemption from continuing education activity requirements per 809-025-0040.

(5) Continuing education activity documentation received from the registrant is reviewed by the Board’s Continuing Education Coordinator (CEC). If the documentation is incomplete, the audited registrant will be given notice and be provided with at least twenty-one (21) calendar days after such notice has been issued by the Board to provide additional documentation.

(6) The CEC recommendation will be presented for approval to the Board, with the exception of audits completed for restoration of registration purposes, as per 809-025-0035.

(7) If the Board disallows one or more continuing education activities claimed, the Board may, at its sole discretion:

(a) Allow the registrant up to ninety (90) calendar days after written notification has been issued by the Board to substantiate the original claim or to complete other continuing education activities sufficient to meet the minimum requirements for the audit period; or

(b) Require the registrant to complete additional hours in the subsequent renewal period to make up for having insufficient hours completed in the audit period.

(8) If the Board does not receive the continuing education activity information from the registrant as required by the Board or if the information provided by the registrant does not meet the Board requirements as determined by the Board in its sole discretion, then the registration may not be renewed. Alternatively, or in addition to non-renewal of registration, the Board may take other disciplinary action, impose civil penalties, or both as sanction for non-compliance.

(9) The Board will issue written notification of its audit finding. Possible audit findings include:

(a) Passed;

(b) Passed with carryover hours confirmed;

(d) Failed, with warning; or

(e) Failed, with notice of intent to not renew registration, impose other disciplinary action, or impose civil penalties.

History

Statutory/Other Authority: ORS 670.310 & ORS 672.588
Statutes/Other Implemented: ORS 672.588
BGE 3-2020, adopt filed 06/03/2020, effective 01/01/2021

Or. Admin. R. 809-025-0030 Special Considerations

Registrants holding geology registrations or licenses in other jurisdictions may use continuing education activities completed in another jurisdiction to meet the continuing education activity requirements of the Board provided those continuing education activities and documentation also meet the Board’s requirements under these rules.

History

Statutory/Other Authority: ORS 670.310 & ORS 672.588
Statutes/Other Implemented: ORS 672.588
BGE 3-2020, adopt filed 06/03/2020, effective 01/01/2021

Or. Admin. R. 809-025-0035 Restoration of Registration

(1) In addition to Board requirements set forth for renewal and fees, a registrant requesting to restore a registration that is over one-hundred seventy-nine (179) days expired (i.e., beyond the renewal date) shall provide with the request for restoration of registration proof of completion of eight (8) continuing education activity hours as provided under this rule. A request for restoration of registration is incomplete if this proof of completion of continuing education activities is not provided.

(2) Continuing education activities submitted for restoration of registration must have been completed within the two (2) year period immediately preceding the request for the restoration. Hours submitted for restoration of registration cannot be carried over into the registrant’s subsequent renewal period even if more than eight (8) hours were completed.

(3) The Board may delegate the authority to approve restoration of registration to the Board Continuing Education Coordinator (CEC), Board Administrator, or other designee of the Board.

History

Statutory/Other Authority: ORS 670.310 & ORS 672.588
Statutes/Other Implemented: ORS 672.585 & ORS 672.588
BGE 3-2020, adopt filed 06/03/2020, effective 01/01/2021

Or. Admin. R. 809-025-0040 Exemptions

(1) Upon receipt of a written request, the Board, in its sole discretion, may exempt a registrant from the annual continuing education activity requirements as follows:

(a) A registrant serving on active duty in the armed forces of the United States for a period of time exceeding one hundred twenty (120) consecutive days in a year may request a full exemption from or a reduction in the continuing education activity hours required for the renewal period;

(b) A registrant experiencing disability, illness, or other extenuating circumstance which prevents the registrant from practicing or otherwise prevents the registrant from completing the required continuing education activity hours may request a full exemption from or a reduction in the continuing education activity hours required for the renewal period; and

(c) A registrant working or travelling outside of the United States for an extended period of time during a renewal period as part of employment, humanitarian service, or another similar purpose in areas where continuing education activities cannot readily be accessed or completed may request a full exemption from or a reduction in the required continuing education hours for the renewal period.

(2) A registrant requesting an exemption shall provide adequate documentation to support the request. The Board, in its sole discretion, may request additional documentation. A request for exemption is incomplete if the registrant does not provide the requested documentation.

(3) The Board may, in its sole discretion, approve a full or partial exemption from the annual continuing education activity requirements based on the specific circumstances of each request.

(4) The Board may delegate the authority to approve continuing education activity exemptions to the Board Continuing Education Coordinator (CEC), Board Administrator, or other designee of the Board.

(5) Any exemption approved will be documented in writing from the Board to the registrant.

(6) A registrant with need for an exemption must contact the Board as soon as feasible but at a minimum prior to the registrant’s renewal date. A request for exemption received after the registrant’s renewal date shall not be considered.

(7) The Board may not approve requests for exemptions not submitted timely. A written request for exemption received by the Board after the registrant is notified by the Board of the registrant’s selection for a continuing education activity audit is not submitted timely.

(8) A registrant may not be exempted from continuing education activity requirements solely due to not having actively engaged in the public practice of geology in Oregon during the renewal period.

History

Statutory/Other Authority: ORS 670.310 & ORS 672.588
Statutes/Other Implemented: ORS 672.588
BGE 3-2020, adopt filed 06/03/2020, effective 01/01/2021

Or. Admin. R. 809-025-0045 Noncompliance

Any violations of these continuing education activity rules may be misconduct for purposes of 809-020-0030. The following actions are violations of these rules and misconduct:

(1) Failure to complete the required continuing education activities;

(2) Failure to maintain the required documentation of completion of continuing education activities;

(3) Failure to submit, upon written request of the Board, documentation which establishes that the requirements of these rules were met;

(4) Failure to comply with any requirements of a Board audit finding;

(5) Indicating through signature or electronic certification at the time of renewal or request for restoration of registration subject to 809-025-0035 that continuing education requirements were met when the registrant knew or could have known that this certification was not true.

History

Statutory/Other Authority: ORS 670.310 & ORS 672.588
Statutes/Other Implemented: ORS 672.585, ORS 672.588, ORS 672.675 & ORS 672.690
BGE 3-2020, adopt filed 06/03/2020, effective 01/01/2021

Division 30 QUALIFICATION STANDARDS AND EXPERIENCE

Or. Admin. R. 809-030-0000 Supervision Standards

To determine if an applicant’s or candidate's supervision meets the required qualifications, the Board may use the following standards:

(1) The direction, closeness, or continual attention the supervisor has over the applicant’s or candidate's work.

(2) The percentage of time the applicant’s or candidate's work was supervised.

(3) The qualifications of the supervisor, including but not necessarily limited to consideration of professional registrations and licenses held by the supervisor.

History

Statutory/Other Authority: ORS 670.310, ORS 672.555, 672.565 & 672.585
Statutes/Other Implemented: ORS 672.555, 672.565 & 672.585
BGE 1-2021, amend filed 03/09/2021, effective 03/10/2021
GE 1-1984, f. & ef. 2-1-84
GE 2-1978, f. & ef. 7-28-78

Or. Admin. R. 809-030-0005 Experience Standards

To determine if an applicant's or candidate's work experience meets the required qualifications for examination, geologist registration, or engineering geologist certification, the Board may use the following standards:

(1) The diversity and complexity of the applicant's or candidate's work.

(2) Whether the applicant's or candidate's work was routine in nature, requiring a minimum level of knowledge, skill, or experience.

(3) The amount of time the applicant or candidate was in responsible charge of geologic work, if applicable.

(4) Whether reports prepared principally by the applicant or candidate demonstrate the knowledge, skill, and experience to perform geologic work.

(5) The quality of the supervision, where required, pursuant to OAR 809-030-0000.

History

Statutory/Other Authority: ORS 670.310, ORS 672.555 & 672.565
Statutes/Other Implemented: ORS 672.555 & 672.565
BGE 1-2021, amend filed 03/09/2021, effective 03/10/2021
BGE 1-2012, f. & cert. ef. 6-15-12
GE 1-1984, f. & ef. 2-1-84
GE 1-1982, f. & ef. 5-14-82
GE 1-1981, f. & ef. 8-3-81
GE 2-1978, f. & ef. 7-28-78

Or. Admin. R. 809-030-0010 Transcript Standards

Applicants shall submit an official transcript for review by the Board.

History

Statutory/Other Authority: ORS 193, 192 & 672
GE 1-1984, f. & ef. 2-1-84
GE 1-1983, f. & ef. 2-17-83

Or. Admin. R. 809-030-0015 Qualifications for Geologist Practice Examination and Geologist Registration

(1) To qualify to take the geologist practice section of the national examination, a candidate must have a minimum of 7 years of geology experience computed as follows:

(a) The Board requires a minimum of 2 years of education experience and will grant 2 years of education experience credit to either:

(A) A candidate with an undergraduate degree in geology or a related geological science with a minimum of 45 quarter hours or the equivalent of geology coursework successfully completed at an accredited college or university, including 36 quarter hours or the equivalent of upper division coursework; or

(B) A candidate without an undergraduate degree in geology or a related geologic science but who has successfully completed a minimum of 45 quarter hours or the equivalent of geology coursework at an accredited college or university, including 36 quarter hours or the equivalent of upper division coursework.

(b) The Board will grant an additional year of education experience credit, up to a maximum of 2 years total, for each year of study at the post-baccalaureate level, as defined at OAR 809-003-0000(30) in geology or a related geological science.

(c) Education experience credit shall not exceed 4 years in total for the undergraduate and graduate coursework completed by the candidate.

(d) The Board will grant 1 year of work experience credit for each year spent working under the supervision of an Oregon Registered Geologist, Oregon Certified Engineering Geologist, or a geologist who, in the determination of the Board, was providing supervision in responsible charge; however, a minimum of 3 years of such experience must be completed before any credit is granted.

(e) The Board will grant 1 year of work experience credit for each year working in responsible charge in a jurisdiction other than Oregon or working in Oregon in a manner exempt under ORS 672.535(1) or (2); however, a minimum of 5 years in responsible charge must be completed before any credit is granted.

(f) Geology faculty may acquire the 7 years of geology experience in accordance with the following criteria:

(A) Meet the minimum education experience requirements of OAR 809-030-0015(1)(a); and

(B) Demonstrate 5 years of experience from geologic work conducted in responsible charge as professional faculty activities conducted other than teaching or administrative duties. Such duties may include, but are not limited to, the following:

(i) Geologic report preparation;

(ii) Publication and the preparation for publication of published geologic work;

(iii) Geologic field or laboratory data collection; or

(iv) Geologic data analysis or interpretation.

(C) Geologic experience must be documented and calculated as a percentage of non-teaching full-time experience such as follows:

(i) Experience documented by the preparation of geology reports or publications; and

(ii) Geologic experience verified by the Board.

(D) Post-baccalaureate research in geology or a related geological science may be granted for in responsible charge experience, at the discretion of the Board.

(g) Duplicate credit will not be given for experience and education gained concurrently.

(h) Experience of less than one month will not be recognized.

(2) Candidates for the practice section of the national examination must:

(a) Be registered as a Geologist-in-Training (GIT) in Oregon; or

(b) Apply to take the fundamentals section of the national examination on the same day as the practice section of the national examination; or

(3) To qualify for registration as a geologist, an applicant must meet the following requirements:

(a) Passed the fundamentals and practice sections of the national examination. An applicant who passed sections of the national examination in another jurisdiction must provide official documentation of examination scores to the Board and also must demonstrate qualifying education and work experience as defined in (1) of this rule.

(b) Submitted a complete application on forms provided by the Board;

History

Statutory/Other Authority: ORS 670.310, ORS 672.555, 672.575, 672.585 & 672.595
Statutes/Other Implemented: ORS 672.555 & 672.575
BGE 2-2023, amend filed 12/08/2023, effective 12/08/2023
BGE 1-2021, amend filed 03/09/2021, effective 03/10/2021
BGE 1-2012, f. & cert. ef. 6-15-12
BGE 7-2004, f. & cert. ef. 8-5-04
BGE 1-2002, f. & cert. ef. 2-6-02
GE 1-1992, f. & cert. ef. 6-10-92
GE 1-1984, f. & ef. 2-1-84

Or. Admin. R. 809-030-0020 Qualifications for Engineering Geologist Examination and Certification as an Engineering Geologist

(1) To qualify to take the engineering geologist examination, the candidate must:

(a) Be registered as a geologist with the Board, and;.

(b) Meet one of the following work experience requirements:

(A) Standard Supervision Pathway: Completed a minimum of 3 years of relevant work experience under the direct supervision of Oregon, California, or Washington Certified Engineering Geologists (CEGs) or engineering geologists who, in the determination of the Board, were providing substantially equivalent supervision in responsible charge.

(B) Responsible Charge Pathway: Completed a minimum of 5 years of relevant work experience in responsible charge of engineering geological projects while working as an engineering geologist in a jurisdiction other than in Oregon in compliance with the laws of that jurisdiction or working as an engineering geologist in Oregon in a manner exempt from Board certification under ORS 672.535(1) or (2).

(C) Combined Experience Pathway: Completed a minimum of 5 years of relevant work experience from any combination of work experience under (A) and (B) of this subsection.

(D) Alternative Experience and Education Pathway: Completed a minimum of 5 years of relevant work experience plus education in engineering geology as follows:¶

(i) Work experience was gained under the direct supervision of non-CEG supervisors approved by the Board under OAR 809-030-0022; or

(ii) Work experience was gained under a combination of experience as described in (i) and under the direct supervision of CEG or other engineering geologist supervisors meeting the requirements under the Standard Supervision Pathway described in (1)(b)(A) of this rule. For a combination of work experience, the Board will credit work experience using the following formula: 1 year under a CEG or other engineering geologist supervisor multiplied by 1.67 equals 1 year under a non-CEG supervisor approved by the Board. This formula is based on 3 years of work experience under a CEG or other engineering geologist supervisor being equivalent to 5 years of work experience under a non-CEG supervisor approved by the Board.¶

(iii) Education required is a minimum of 12 quarter hours (8 semester hours) of qualifying coursework in engineering geology topics as presented in the candidate's official transcript and accepted by the Board. Qualifying coursework in engineering geology topics that was used to qualify for geologist registration with the Board may be used to meet this education requirement. Qualifying coursework in engineering geology must have been in a topic from the following list or other engineering geology coursework substitutions approved by the Board:¶

(I) Applied Remote Sensing;

(II) Earthquake Engineering;¶

(III) Engineering Geology;¶

(IV) Engineering Geology Thesis;

(V) Foundation Engineering;¶

(VI) Geomorphology;¶

(VII) Geophysics;¶

(VIII) Geotechnical Engineering;

(IX) Geotechnics;

(X) Mechanics of Materials;

(XI) Site Investigation;

(XII) Slope Stability/Landslides¶

(XIII) Soil Mechanics;

(XIV) Statics;¶

(iv) The Board delegates to the Board application review coordinator the authority to approve engineering geology coursework substitutions under (1)(b)(D)(iii) of this rule.

(c) For all work experience pathways described in (1)(b) of this rule, the candidate may use engineering geology work experience used to qualify for geologist registration with the Board to meet the work experience requirements.¶

(2) To qualify for certification as an engineering geologist, an applicant must meet the following requirements:¶

(a) Be actively registrated as geologist and in good standing with the Board;¶

(b) Passed a certification examination in engineering geology approved by the Board as per OAR 809-040-0008;¶

(d) Submitted a complete application on forms provided by the Board; and

(e) Submitted applicable fees as per OAR 809-010-0001.

History

Statutory/Other Authority: ORS 670.310, ORS 672.555, 672.565, 672.585, 672.595 & 672.575
Statutes/Other Implemented: ORS 672.555, 672.565 & 672.575
BGE 1-2021, amend filed 03/09/2021, effective 03/10/2021
BGE 1-2012, f. & cert. ef. 6-15-12
GE 1-1984, f. & ef. 2-1-84

Or. Admin. R. 809-030-0022 Supervisor Approval for Alternative Work Experience in Engineering Geology

(1) A candidate for the engineering geologist examination who intends to qualify based on the pathway described in OAR 809-030-0020(1)(b)(D) must obtain Board approval for any supervisor that is not a Certified Engineering Geologist (CEG) or an engineering geologist who, in the determination of the Board, can provide substantially equivalent supervision in responsible charge. Without Board approval of a non-engineering geologist supervisor, work experience gained under that supervisor's direct supervision will not be recognized by the Board as qualifying work experience for purposes of meeting OAR 809-030-0020(1)(b)(D).¶

(2) Board standards for approval of non-engineering geologist supervisors for purposes of OAR 809-030-0020(1)(b)(D) are as follows:

(a) The supervisor must have at least 5 years of geotechnical engineering practice focused on Oregon, California, or Washington geologic sites and settings, where that practice occurred within the past 10 years;

(b) The supervisor must hold an active registration to practice as a professional engineer and that registration must be held in good standing;

(c) The supervisor must demonstrate expertise in geotechnical engineering either by holding an active geotechnical engineer (GE) specialty certification or otherwise demonstrating this expertise through a geotechnical engineering projects list.¶

(3) An application for supervisor approval must contain at least the following information:¶

(a) A professional resume from the supervisor detailing at least 5 years of geotechnical engineering practice focused on Oregon, California, or Washington geologic sites and settings, where that practice occurred within the last 10 years;¶

(b) Official verification acceptable to the Board of the issuance date and active in good standing status of the professional engineer (PE) registration held by the supervisor;¶

(A) Official verification acceptable to the Board of whether the supervisor holds a GE specialty certification and if so, the issuance date and active in good standing status of that certification.

(B) For a supervisor holding a PE registration but not a GE specialty certification, the Board also requires a projects list detailing the supervisor's specific experience in geotechnical engineering. The Board may prescribe the required format for the projects list.

(d) Any additional information from the candidate and the proposed supervisor of the candidate requested by the Board to complete review of the application for supervisor approval.

(4) An applicant for certification as an engineering geologist under OAR 809-030-0020(2) who already passed a certification examination in engineering geology accepted by the Board pursuant to OAR 809-040-0008 but administered by a jurisdiction other than the Board can request supervisor approval under this rule if requesting to qualify under the pathway described in OAR 809-030-0020(1)(b)(D).

History

Statutory/Other Authority: ORS 670.310 & ORS 672.565
Statutes/Other Implemented: ORS 672.565
BGE 1-2021, adopt filed 03/09/2021, effective 03/10/2021

Or. Admin. R. 809-030-0025 Qualifications for Geologist Fundamentals Examination and Certification as a Geologist-in-Training

(1) To qualify to take the geologist fundamentals section of the national examination, a candidate shall:

(a) Have an undergraduate degree in geology, geological sciences, or earth science from an accredited college or university; or

(b) Have successfully completed sufficient qualifying geology coursework, as specified in (2), from an accredited college or university.

(2) A candidate must have successfully completed 45 quarter hours of qualifying geologic coursework, of which 36 quarter hours as presented in the official transcript of the candidate were upper division coursework from the following list or other upper division coursework substitutions approved by the Board:

(a) Climate change science;

(b) Coastal processes;

(d) Engineering geology;

(e) Environmental geology;

(f) Geochemistry or Hydrogeochemistry;

(g) Geographic Information Systems (GIS);

(h) Geology field camp;

(i) Geology field methods;

(j) Geomorphology;

(k) Geophysics;

(l) Geostatistics;

(m) Glacial geology;

(n) Groundwater hydrology;

(o) Groundwater modelling;

(p) Historical geology;

(q) Hydrogeology;

(r) Lithology;

(s) Marine geology;

(t) Mineral exploration;

(u) Mineralogy, Optical mineralogy, or Clay mineralogy;

(v) Paleopedology/paleosoils;

(w) Petrography;

(x) Petroleum geology;

(y) Petrology;

(z) Planetology;

(aa) Remote sensing;

(bb) Rock mechanics;

(cc) Sedimentology;

(dd) Seismology;

(ee) Soil science;

(ff) Stratigraphy;

(gg) Structural geology;

(hh) Tectonics;

(ii) Volcanology.

(3) The Board delegates to the Board application review coordinator the authority to approve coursework substitutions under (2) of this rule.

(4) To qualify for registration as a Geologist-in-Training (GIT), an applicant must meet the following requirements:

(a) Passed the fundamentals section of the national examination. An applicant who passed the fundamentals section of the national examination in another jurisdiction must provide official documentation of the examination score and also must demonstrate qualifying education as defined in (1) and (2) of this rule.

(b) Submitted a complete application on forms provided by the Board;

(5) The GIT registration is a title only registration. A GIT is not authorized to independently practice geology for others or use the titles "Registered Geologist" or "Certified Engineering Geologist".

History

Statutory/Other Authority: ORS 670.310, 672.555 & 672.575
Statutes/Other Implemented: ORS 672.535, 672.555 & 672.575
BGE 1-2021, amend filed 03/09/2021, effective 03/10/2021
BGE 1-2011, f. 6-21-11, cert. ef. 7-1-11
BGE 1-2008, f. & cert. ef. 3-20-08
BGE 1-2006, f. & cert. ef. 3-17-06
GE 1-1990, f. & cert. ef. 10-2-90
GE 1-1985, f. & ef. 7-1-85
GE 1-1984, f. & ef. 2-1-84

Division 40 EXAMINATION PROCEDURES

Or. Admin. R. 809-040-0000 Examination Application

(1) Application for an examination or examination section shall be on forms provided by the Board and must be accompanied by the required fee(s), official transcript(s) of education, and, when applicable or requested by the Board, work experience verification(s).

(2) The Board shall evaluate the candidate’s qualifications to determine that the prerequisites as prescribed by ORS 672.555–672.565 and applicable Board rules in OAR Chapter 809 Division 30 have been met before the candidate is allowed to take the requested examination or examination section.

History

Statutory/Other Authority: ORS 182.466(4), 670.310, 672.575 & 672.705
Statutes/Other Implemented: ORS 672.555 to 672.595
BGE 1-2022, amend filed 10/26/2022, effective 11/01/2022
BGE 3-2019, amend filed 12/09/2019, effective 12/09/2019
BGE 1-2002, f. & cert. ef. 2-6-02
GE 1-1984, f. & ef. 2-1-84
GE 1-1981, f. & ef. 8-3-81
GE 2-1979, f. 10-2-79, ef. 10-3-79
GE 1-1979(Temp), f. & ef. 5-18-79

Or. Admin. R. 809-040-0001 Examination Application Deadlines

(1) Application for the national examination (Fundamentals of Geology, Practice of Geology, or both examination sections) must be received at the Board office 100 calendar days prior to the examination administration date for which the candidate is applying except as provided in (3).

(2) Application for the engineering geologist examination must be received at the Board office 75 calendar days prior to the examination administration date for which the candidate is applying.

(3) Application resubmittals as addressed in OAR 809-040-0022 must be received at the Board office 75 calendar days prior to the examination administration date for which the candidate is applying.

(4) The Board will notify candidates of approvals to take an examination or examination section. The Board, at its discretion, may send notification by mailed letter or email.

History

Statutory/Other Authority: ORS 670.310(1) & 672.575
Statutes/Other Implemented: ORS 672.555 to 672.585
BGE 1-2022, amend filed 10/26/2022, effective 11/01/2022
BGE 3-2019, amend filed 12/09/2019, effective 12/09/2019
BGE 2-2014, f. & cert. ef. 12-5-14
BGE 4-2002, f. & cert. ef. 10-17-02
BGE 2-1999, f. & cert. ef. 11-8-99
GE 1-1984, f. & ef. 2-1-84

Or. Admin. R. 809-040-0002 Date of Examinations

(1) The national examination (Fundamentals of Geology and Practice of Geology examination sections) is administered on the dates set by ASBOG and at testing centers of the ASBOG testing vendor.

(2) The Board will generally administer the engineering geologist examination on the same dates as the national examination.

(3) For the national examination (Fundamentals of Geology and Practice Geology examination sections), ASBOG or the ASBOG testing vendor make the determination as to any postponement or cancellation of examination administration. Candidates must contact ASBOG or the ASBOG testing vendor to request information on any postponement or cancellation of the examination.

(4) The Board may, at its sole discretion, postpone or cancel an administration of the engineering geology examination.

(a) The Board Chair and Board Administrator each have the authority to independently decide on behalf of the Board that an examination administration is postponed or cancelled.

(b) To the extent practical, the Board Chair and Board Administrator shall:

(A) Coordinate and strive to seek agreement between themselves before deciding to postpone or cancel an examination administration; and

(B) Seek input from individual Board members and consider that input in the decision-making process.

(5) Except when not practical due to extenuating circumstances, the Board will notify examination candidates as soon as possible by mailed letter, email, or telephone of a Board decision to postpone or cancel an administration of the engineering geologist examination.

History

Statutory/Other Authority: ORS 670.310 & ORS 672.575
Statutes/Other Implemented: ORS 672.575
BGE 1-2022, amend filed 10/26/2022, effective 11/01/2022
BGE 5-2020, amend filed 12/14/2020, effective 12/15/2020
BGE 2-2020, temporary amend filed 06/01/2020, effective 06/01/2020 through 11/27/2020
BGE 3-2019, amend filed 12/09/2019, effective 12/09/2019
BGE 2-2005, f. & cert. ef. 9-28-05
BGE 1-2002, f. & cert. ef. 2-6-02
GE 1-1990, f. & cert. ef. 10-2-90
GE 1-1984, f. & ef. 2-1-84

Or. Admin. R. 809-040-0003 Examination Notice

(1) The Board shall give written notice to each candidate of approval to take an examination or examination section. The Board, at its discretion, may send notice by mailed letter or email.

(a) Candidates approved for the national examination (i.e., Fundamentals of Geology, Practice of Geology, or both examination sections) must confirm the time and location of the examination administration when registering with the ASBOG testing vendor.

(b) For candidates approved to take the engineering geologist examination, the Board will provide the date, time, and location of the examination administration approximately 25 calendar days before the examination administration date. The Board, at its discretion, may send notification by mailed letter or email.

(2) In the event of a Board decision to postpone an administration of the engineering geologist examination, the Board may provide notice under this rule of the new examination administration date in whatever timeframe the Board, in its sole discretion, considers practical. Generally, the Board will strive to provide notice of approximately 25 calendar days but in no case less than 7 calendar days before the rescheduled examination administration date. A candidate who is unable to take an examination on a rescheduled examination administration date can request to withdraw from the examination or request to take the examination at a future examination administration date through a resubmittal application as provided for in OAR 809-040-0022 and OAR 809-040-0023.

History

Statutory/Other Authority: ORS 670.310(1) & 672.575
Statutes/Other Implemented: ORS 672.555 to 672.585
BGE 1-2022, amend filed 10/26/2022, effective 11/01/2022
BGE 5-2020, amend filed 12/14/2020, effective 12/15/2020
BGE 2-2020, temporary amend filed 06/01/2020, effective 06/01/2020 through 11/27/2020
BGE 3-2019, amend filed 12/09/2019, effective 12/09/2019
GE 1-1984, f. & ef. 2-1-84

Or. Admin. R. 809-040-0004 Picture Identification

(1) Picture identification shall be shown by all candidates before taking an examination or examination section as proof of identity.

(2) The Board will accept a government issued identification card (must have candidate’s photo and signature) for entrance to the engineering geologist examination.

(3) The ASBOG testing vendor determines the type(s) of picture identification accepted at their testing centers for entrance to take the ASBOG examination (Fundamentals of Geology and Practice Geology examination sections). Candidates for the ASBOG examination should contact the ASBOG testing vendor in advance of the exam if unsure about the type of picture identification that is accepted by the vendor.

History

Statutory/Other Authority: ORS 670.310(1) & ORS 672.575
Statutes/Other Implemented: ORS 672.575
BGE 1-2022, amend filed 10/26/2022, effective 11/01/2022
BGE 3-2019, amend filed 12/09/2019, effective 12/09/2019
GE 1-1984, f. & ef. 2-1-84

Or. Admin. R. 809-040-0005 Examination Information and Accommodations

(1) The examinations shall be "closed book.”

(2) For the national examination, the ASBOG testing vendor shall provide a list of acceptable items that the candidate can bring to the testing center. For the engineering geologist examination, the Board shall provide a list of acceptable items that the candidate can bring to the examination site.

(3) In the Board approval notice to take an examination or examination section, the candidate shall be informed of the length of time to be allowed for taking the examination or examination section.

(4) Candidates shall not receive any assistance during an examination, except for reasonable accommodations provided under the Americans with Disabilities Act and related Oregon law. A request for reasonable accommodation must be received in the Board office no later than the application deadline found in OAR 809-040-0001.

(a) The Board requires supporting documentation that explains why a requested accommodation is needed. The candidate must provide the Board with any additional documentation or information related to the requested accommodation that is requested by the Board.

(b) The Board shall notify the candidate in writing of its decision on granting a requested accommodation.

(c) For the national examination, the Board will notify the ASBOG testing vendor of approved accommodations. The Board will be responsible for paying the cost of any approved accommodations, but the candidate receiving accommodations must work directly with the ASBOG testing vendor on the implementation of approved accommodations.

(d) For the engineering geologist examination administered by the Board, the Board will be responsible for paying the cost of approved accommodations and work directly with the candidate on the implementation of approved accommodations.

History

Statutory/Other Authority: ORS 670.310(1) & ORS 672.575
Statutes/Other Implemented: ORS 672.575
BGE 1-2022, amend filed 10/26/2022, effective 11/01/2022
BGE 3-2019, amend filed 12/09/2019, effective 12/09/2019
BGE 1-2002, f. & cert. ef. 2-6-02
GE 1-1984, f. & ef. 2-1-84
GE 1-1983, f. & ef. 2-17-83
GE 2-1982(Temp), f. & ef. 9-16-82
GE 1-1981, f. & ef. 8-3-81
GE 2-1979, f. 10-2-79, ef. 10-3-79
GE 1-1979(Temp), f. & ef. 5-18-79

Or. Admin. R. 809-040-0006 Scope of Geologist Examination

The national examination consists of:

(1) The Fundamentals of Geology section testing knowledge of geology obtained during education in the geosciences; and

(2) The Practice of Geology section testing knowledge, skills, and abilities gained by experience in the field and the ability to solve geologic problems.

History

Statutory/Other Authority: ORS 670.310(1), 672.555 & ORS 672.575
Statutes/Other Implemented: ORS 672.575 & ORS 672.555(2)(c)
BGE 1-2022, amend filed 10/26/2022, effective 11/01/2022
BGE 3-2019, amend filed 12/09/2019, effective 12/09/2019
BGE 2-2005, f. & cert. ef. 9-28-05
BGE 1-2002, f. & cert. ef. 2-6-02
GE 1-1990, f. & cert. ef. 10-2-90
GE 1-1984, f. & ef. 2-1-84

Or. Admin. R. 809-040-0008 Scope of Engineering Geologist Examination

The engineering geologist examination shall be a written examination testing knowledge of engineering geology gained by the required experience in that specialty.

History

Statutory/Other Authority: ORS 670.310(1), 672.565 & ORS 672.575
Statutes/Other Implemented: ORS 672.575 & ORS 672.565(2)
BGE 3-2019, amend filed 12/09/2019, effective 12/09/2019
BGE 1-2002, f. & cert. ef. 2-6-02
GE 1-1990, f. & cert. ef. 10-2-90
GE 1-1984, f. & ef. 2-1-84

Or. Admin. R. 809-040-0009 Examination and Registration

(1) A candidate for the Geologist-in-Training registration must pass the Fundamentals of Geology section of the national examination before applying to the Board for the Geologist-in-Training registration.

(2) A candidate for the Registered Geologist registration must pass the Fundamentals of Geology and Practice of Geology sections of the national examination before applying to the Board for the Registered Geologist registration.

(3) A candidate for the Certified Engineering Geologist registration must be a Registered Geologist as provided in OAR 809-030-0020(1)(a) and pass a Board accepted engineering geologist examination before applying to the Board for the Certified Engineering Geologist registration.

History

Statutory/Other Authority: ORS 670.310(1), 672.555 & ORS 672.575
Statutes/Other Implemented: ORS 672.575 & ORS 672.555(3)
BGE 1-2022, amend filed 10/26/2022, effective 11/01/2022
BGE 3-2019, amend filed 12/09/2019, effective 12/09/2019
GE 1-1990, f. & cert. ef. 10-2-90
GE 1-1984, f. & ef. 2-1-84

Or. Admin. R. 809-040-0010 Scoring

The minimum passing score for each the fundamental and the practical sections of the national examination shall be 70 percent. The passing score of the engineering geologist examination shall be 70 percent.

History

Statutory/Other Authority: ORS 670.310(1), 672.555, 672.565, ORS 672.575 & 672.585
Statutes/Other Implemented: ORS 672.575, ORS 672.555(2)(c) & 672.565(2)
BGE 3-2019, amend filed 12/09/2019, effective 12/09/2019
GE 1-1984, f. & ef. 2-1-84
GE 1-1983, f. & ef. 2-17-83
GE 2-1979, f. 10-2-79, ef. 10-3-79
GE 1-1979(Temp), f. & ef. 5-18-79

Or. Admin. R. 809-040-0011 Notice of Examination Score

The Board will notify candidates of their examination scores. Scores may be provided as numeric or pass/fail scores. The Board, at its discretion, may send score notices by mailed letter or email.

History

Statutory/Other Authority: ORS 670.310(1) & 672.575
Statutes/Other Implemented: ORS 672.555 to 672.585
BGE 1-2022, amend filed 10/26/2022, effective 11/01/2022
BGE 3-2019, amend filed 12/09/2019, effective 12/09/2019
GE 1-1984, f. & ef. 2-1-84

Or. Admin. R. 809-040-0020 Review of Examination

Test questions, scoring keys, and other data used to administer the national examination and the engineering geologist examination are confidential and may not be disclosed to candidates unless otherwise required by law.

History

Statutory/Other Authority: ORS 192.345(4), 670.310(1) & ORS 672.575
Statutes/Other Implemented: ORS 672.575
BGE 1-2022, amend filed 10/26/2022, effective 11/01/2022
BGE 3-2019, amend filed 12/09/2019, effective 12/09/2019
BGE 4-2002, f. & cert. ef. 10-17-02
GE 2-1984, f. & ef. 9-5-84
GE 1-1984, f. & ef. 2-1-84
GE 2-1979, f. 10-2-79, ef. 10-3-79
GE 1-1979(Temp), f. & ef. 5-18-79

Or. Admin. R. 809-040-0021 Proctored Review for Engineering Geologist Examination

(1) Candidates who do not pass the engineering geologist examination may request post examination review as described in this rule.

(2) For purposes of this rule, a “proctored review” occurs when a candidate who took an examination is provided an opportunity to review what questions on the examination were answered correctly and incorrectly.

(3) Only one proctored review is allowed for each candidate per examination administration.

(4) Candidates must pay the fee charged by the Board for the costs of providing this service in accordance with the Board’s fee rule, OAR 809-010-0001.

(5) A written request for a proctored review and the associated fee must be received by the Board office no later than 30 days after the Board’s release of the examination score to the candidate unless otherwise authorized in writing by the Board Administrator or a designee of the Board, which decision is within the sole discretion of the Board Administrator or designee.

History

Statutory/Other Authority: ORS 672.555, 672.575, ORS 182.466(4), 670.310(1), 672.565 & ORS 672.705
Statutes/Other Implemented: ORS 672.705 & ORS 672.555 to 672.575
BGE 1-2024, amend filed 03/05/2024, effective 03/05/2024
BGE 1-2022, amend filed 10/26/2022, effective 11/01/2022
BGE 3-2019, amend filed 12/09/2019, effective 12/09/2019
BGE 2-2013, f. & cert. ef. 9-24-13
BGE 4-2002, f. & cert. ef. 10-17-02
BGE 1-2002, f. & cert. ef. 2-6-02
GE 2-1984, f. & ef. 9-5-84
GE 1-1984, f. & ef. 2-1-84

Or. Admin. R. 809-040-0022 Resubmittal for Examination

(1) For purposes of this rule, a resubmittal application is required to:

(a) Take an examination or examination section again that a candidate did not pass; or

(b) Take an examination or examination section for which the candidate had been previously approved but was not able to take the examination.

(2) Candidates requesting resubmittal for a future national examination administration (Fundamentals of Geology and Practice of Geology sections) must submit a resubmittal application and the resubmittal processing fee.

(3) Certified Engineering Geologist Candidates requesting resubmittal for a future certified engineering geologist examination must submit a resubmittal application, the resubmittal processing fee, and the examination fee to be identified by the Board as a candidate approved for a future certified engineering geologists examination administration.

(4) Resubmittal applications must be received in the Board office by the applicable deadline specified in OAR 809-040-0001.

History

Statutory/Other Authority: ORS 670.310(1) & 672.575
Statutes/Other Implemented: ORS 672.555 to 672.585
BGE 1-2022, amend filed 10/26/2022, effective 11/01/2022
BGE 3-2019, amend filed 12/09/2019, effective 12/09/2019
BGE 1-2002, f. & cert. ef. 2-6-02
GE 1-1988, f. 11-18-88 & cert. ef. 12-1-88
GE 1-1984, f. & ef. 2-1-84

Or. Admin. R. 809-040-0023 Withdrawal from Examination or Rescheduling Examination

(1) A candidate can request in writing to withdraw an application to take an examination but forfeits the application fee paid to the Board.

(2) For application withdrawal, the following restrictions also apply:

(a) For the engineering geologist examination, the examination fee paid to the Board is refundable only when authorized and approved by the Board or its designee in its sole discretion under OAR 809-040-0030. Any refund will be of the examination fee only, as the application fee is non-refundable. A written request for refund is required. If such request is received after the examination administration date, the refund may only be approved by the Board or its designee, acting in its sole discretion, if the candidate provides adequate information explaining the failure to show and reason for not timely requesting to withdraw from the administration.

(b) For the national examination, the candidate is subject to the policies of the ASBOG testing vendor for withdrawing from examination, including any restrictions on refund of examination fees paid via the testing vendor and any processing fee charged by the test vendor.

(3) After Board approval is granted to take an examination or examination section, a candidate may request rescheduling to a later examination administration or request to retake a failed examination via a resubmittal application. The candidate’s resubmittal application for purposes of rescheduling or retaking examination must be received in the Board office by the Board’s resubmittal application deadline in OAR 809-040-0001(3). The examination resubmittal fee set in OAR 809-010-0001 applies.

History

Statutory/Other Authority: ORS 182.466(4), 670.310(1), 672.555, 672.585 & ORS 672.705
Statutes/Other Implemented: ORS 672.705 & ORS 672.555 to 672.585
BGE 1-2024, amend filed 03/05/2024, effective 03/05/2024
BGE 1-2022, amend filed 10/26/2022, effective 11/01/2022
BGE 4-2021, temporary amend filed 12/07/2021, effective 12/08/2021 through 06/05/2022
BGE 5-2020, amend filed 12/14/2020, effective 12/15/2020
BGE 2-2020, temporary amend filed 06/01/2020, effective 06/01/2020 through 11/27/2020
BGE 3-2019, amend filed 12/09/2019, effective 12/09/2019
GE 1-1984, f. & ef. 2-1-84

Or. Admin. R. 809-040-0030 Refunds

(1) For examination administrations in 2023 and later, the Board does not collect examination fees for the national examination. Candidates pay the national examination fees directly to the ASBOG testing vendor. The refundability of fees paid to the ASBOG testing vendor is determined by the ASBOG testing vendor.

(2) In the event a candidate is unable to take an ASBOG examination due to postponement or cancellation of an examination administration at a testing center managed by the ASBOG testing vendor, the candidate will need to work directly with the testing vendor on rescheduling. The refund of any examination and rescheduling fees paid to the ASBOG testing vendor is determined by the ASBOG testing vendor. If the candidate then needs to be resubmitted by the Board into the ASBOG testing vendor system to take an examination in a later administration, the Board will waive the resubmittal application fee provided that the candidate submits to the Board as part of the resubmittal application written evidence that the testing vendor postponed or canceled the examination administration.

(3) The Board will refund an examination fee received for the engineering geologist examination if:

(a) The Board or authorized designee of the Board determines that a candidate does not qualify for the examination;

(b) The candidate withdraws application for examination before Board approval or denial of the application for examination.

(c) Before the examination administration date for which the candidate was approved, the Board receives in the Board office from the candidate a written request to withdraw from the examination.

(d) Not withstanding (3)(c) of this rule, the Board or its designee may consider a written request for a refund of the engineering geologist examination fee where the request was received from the candidate on or after the examination administration date for which the candidate was approve. The candidate’s written request must explain the failure to show and failure to timely request to withdraw under (3)(c) and include any supporting documentation or information requested by the Board. Any refund of the examination fee will be reduced by an examination processing fee as set in OAR 809-010-0001.

(e) In the event of a Board decision to postpone or cancel the examination administration for which the candidate was approved, the Board may upon request from the candidate:

(A) Issue a full refund of an engineering geology examination fee paid to the Board;

(B) Waive the resubmittal application fee.

(4) The application fee paid to the Board, which is separate from any examination fees, is not refundable.

History

Statutory/Other Authority: ORS 182.466(4), 670.310(1), 672.555, 672.585 & ORS 672.705
Statutes/Other Implemented: ORS 672.705 & ORS 672.555 to 672.585
BGE 1-2022, amend filed 10/26/2022, effective 11/01/2022
BGE 4-2021, temporary amend filed 12/07/2021, effective 12/08/2021 through 06/05/2022
BGE 5-2020, amend filed 12/14/2020, effective 12/15/2020
BGE 2-2020, temporary amend filed 06/01/2020, effective 06/01/2020 through 11/27/2020
BGE 3-2019, amend filed 12/09/2019, effective 12/09/2019
BGE 1-2002, f. & cert. ef. 2-6-02
GE 1-1984, f. & ef. 2-1-84

Division 50 GENERAL

Or. Admin. R. 809-050-0000 Use of Seal

A facsimile of a registrant's seal shall be affixed to final products created in the public practice of geology.

(1) A Registered Geologist shall use a seal bearing the Registered Geologist's name, certificate number, and registration title, as shown in Exhibit 1 of this rule. The Registered Geologist seal must be at least 1.5 inches in diameter from point to point. A Registered Geologist may use an electronic seal that meets these requirements.

(2) A Certified Engineering Geologist shall use a seal bearing the Certified Engineering Geologist's name, certificate number, and registration title, as shown in Exhibit 2 of this rule. The Certified Engineering Geologist seal must be at least 1.5 inches in diameter from point to point. A Certified Engineering Geologist may use an electronic seal that meets these requirements.

(3) Draft geology or specialty geology products or documents clearly marked as draft do not require a geologist's seal.

(4) If a stand-alone report is sealed by the registrant responsible for the work, then individual work products prepared by the registrant and compiled in the report, for example geology figures, maps, and logs, do not need to be individually sealed. The geology products within a stand-alone report not prepared by the registrant that seals the report shall be individually sealed by the registrant(s) who prepared those products.

(5) Final geology work products not included in a compiled report, such as boring logs, shall be individually sealed and signed.

(6) A registrant who seals and signs a final version of a geology product must be in responsible charge for the geology content of that product.

[ED. NOTE: Exhibits referenced are available from the agency.]

History

Statutory/Other Authority: ORS 672.515, 672.545, 672.555, 672.565, 672.585, 672.595 & 672.605
Statutes/Other Implemented: ORS 672.505 - 672.705
BGE 1-2012, f. & cert. ef. 6-15-12
BGE 2-2006, f. & cert. ef. 6-26-06
BGE 8-2004, f. & cert. ef. 8-5-04
BGE 2-2002, f. & cert. ef. 4-15-02
GE 1-1984, f. & ef. 2-1-84

Or. Admin. R. 809-050-0005 Signature

(1) After the registrant’s seal has been applied to the original or record copy, the registrant shall place the registrant’s handwritten signature in permanent ink across the seal. The registrant shall write the word “Expires” followed by the registration expiration date directly below the seal. This requirement applies unless a digital signature is used as provided under Section (2).

(2) For an electronic or digital document, an electronic or digital signature is acceptable as allowed by ORS 84.001 to 84.064.

(3) An electronic or digital signature must be:

(a) Unique to the registrant using it;

(b) Under the direct control of the registrant,

(d) Include the registrant’s expiration date immediately preceded by the word “Expires”.

(4) Each displayed copy of and each hard copy printed from a transmitted or stored electronic document containing an electronic or digital signature shall bear the seal and the signature.

(5) If the electronic or digital document with an electronic or digital signature is altered in any manner, the seal is no longer valid and the document can no longer be considered prepared or approved by or under the direction of a Registered Geologist.

(6) The use of an electronic or digital signature by any person other than the owner may be grounds for disciplinary action.

History

Statutory/Other Authority: ORS Chapter 183 & 670.310
Statutes/Other Implemented: ORS 672.605
BGE 1-2011, f. 6-21-11, cert. ef. 7-1-11

Or. Admin. R. 809-050-0010 Qualifications for Cooperative Registration or Temporary Permits

(1) To qualify for cooperative registration as a geologist, the applicant shall:

(a) Hold a valid registration, obtained by passing the ASBOG examination, from a state, territory or possession of the United States or the District of Columbia, as verified by the Administrator;

(b) Meet the education, experience, and exam requirements of OAR 809-030-0015(1), including passing the ASBOG practice examination and demonstrating a minimum of seven years qualifying geology experience;

(d) Submit the required fee(s) as per OAR 809-010-0001.

(2) To qualify for cooperative certification as an engineering geologist, the applicant shall:

(a) First receive cooperative registration as geologist from the Board;

(b) Provide evidence of passing a certification examination approved by the Board for engineering geologists as per OAR 809-005-0000, 809-030-0020, and 809-040-0008;

(d) Submit applicable fees as per OAR 809-010-0001.

(3) To qualify for a 60-day temporary permits to engage in the public practice of geology, non-registrants must:

(a) Submit an application on a form provided by the Board;

(b) Pay appropriate application fees as per OAR 809-010-0001;

(d) hold a current registration or certification to practice geology from another state, territory or possession of the United States or the District of Columbia, as verified by the Administrator; and

(e) explain how work will be limited to one period of 60 consecutive days in the calendar year.

History

Statutory/Other Authority: ORS 672.515, 672.545, 672.555, 672.565, 672.585, 672.595 & 672.605
Statutes/Other Implemented: ORS 672.505-672.705
BGE 1-2012, f. & cert. ef. 6-15-12
BGE 2-2005, f. & cert. ef. 9-28-05
BGE 2-2002, f. & cert. ef. 4-15-02
BGE 1-2000, f. & cert. ef. 8-3-00
GE 1-1990, f. & cert. ef. 10-2-90
GE 3-1986, f. & ef. 7-15-86
GE 2-1986, f. & ef. 3-5-86
GE 1-1984, f. & ef. 2-1-84

Or. Admin. R. 809-050-0015 Military Portability and Temporary Military Spouse Registration

(1) For purposes of this rule, “Armed Forces of the United States” means the Army, Navy, Air Force, Space Force, Coast Guard, or Marine Corps of the United States or a reserve unit of one of those branches of the armed forces.

(2) Any individual who holds an active license or registration in good standing to practice geology or engineering geology in another U.S. state or territory and who is either a member of the Armed Forces of the United States stationed in Oregon or the spouse of a military member stationed in Oregon is not required to obtain registration from the Board. However, pursuant to federal law, the following conditions apply to military members and military spouses practicing geology or engineering geology in Oregon on the basis of reciprocal registration or licensure.

(3) Before practicing in Oregon, the individual must:

(a) provide a copy of such military orders to the Board; and

(b) hold an active license or registration in good standing, as verified by the licensing authority that issued the registration or license to practice geology or engineering geology;

(4) While practicing in Oregon, the individual must:

(a) maintain an active license or registration in good standing to practice geology or engineering geology; and

(b) submit to the authority of the Board for purposes of standards of practice and discipline.

(5) Nothing in this rule prevents an individual who is a member of the Armed Forces of the United States stationed in Oregon or the spouse of a member of the Armed Forces of the United States stationed in Oregon from applying for registration under OAR Chapter 809 Divisions 30 or 50.

(6) Pursuant to state law, the Board offers temporary military spouse registration to an individual who is a spouse or domestic partner of a member of the Armed Forces of the United States stationed in Oregon

(7) Application for temporary military spouse registration must include the following:

(a) Completed and signed application form;

(b) Application Fee;

(d) A copy of a marriage certificate, domestic partnership registration, or other official evidence of legal union and an attestation that said union is valid and in effect;

(e) A copy of the spouse or domestic partner’s assignment to an Oregon duty station by official active duty military order;

(f) Official verification of the applicant’s current geologist registration or license from another state licensure board to practice geology in that state; and

(g) Information required by the Board under (3) – (4) of this rule.

(8) The applicant shall provide documentation of education, experience, and examination credentials that show the applicant meets the requirements in OAR 809-050-0050(1) and, if applicable, also OAR 809-050-0050(2). This documentation is required to support review of whether, in the opinion of the Board, Board Administrator or other Board designee, the applicant has demonstrated competency to practice geology in Oregon and met state registration or licensure standards substantially similar to those of the Board.

(9) The applicant must hold a geologist registration or license in good standing with the other state. For purposes of this rule, sufficient proof of good standing means the applicant has attested in writing to:

(a) Holding a current active unrestricted geologist registration or license from the other state licensure board;

(b) Being in compliance with all requirements of the other state licensure board, including, but not limited to, payment of all required fees and compliance with any continuing education requirements;

(c) Not being the subject of a pending investigation, action or order by the other state licensure board for a matter related to geologic practice in that state; and

(d) Not having an action or order imposed by another state licensure board for violation of laws and rules, including a code of professional conduct, related to geologic practice.

(10) A temporary military spouse registration issued under this section is valid until the earliest of the following, at which time the registration expires:

(a) Two years after the date of issuance;

(b) The date the spouse of the person to whom the temporary military spouse registration was issued completes military service in Oregon; or

(c) The date the person’s registration or license from another state used for purposes of qualifying for the temporary military spouse registration expires; or

(d) The date of issuance of a final order of the Board that imposes disciplinary action that revokes, suspends, or otherwise restricts the temporary military spouse registration.

(11) A temporary military spouse authorization is not renewable.

(12) A person issued a temporary military spouse registration must notify the Board within 30 days of:

(a) Any change in contact information as defined in OAR 809-020-0025, with updates provided to the Board in the manner described in that rule;

(b) Any change in the status of the state license that was used as a basis for obtaining the temporary military spouse registration;

(c) Any complaint, investigation, or action by another state against the person holding the temporary military spouse registration; and

(d) The date the spouse of the person to whom the temporary military spouse registration was issued completes military service in this state unless this occurs more than two years after issuance of the temporary military spouse registration.

(13) A temporary military spouse registrant must comply with all applicable requirements for practicing geology in Oregon including, but not limited to, the code of professional conduct and professional practice requirements in Divisions 20 and 50 of OAR Chapter 809.

History

Statutory/Other Authority: ORS 670.310(1), 670.310(1), 2, chapter 626, Oregon Laws 2019, 1(4) Chapter 142 Oregon Laws 2019 & 2(2) Chapter 142 Oregon Laws 2019
Statutes/Other Implemented: 2, chapter 626, Oregon Laws 2019, 1(4) Chapter 142 Oregon Laws 2019 & 2(2) Chapter 142 Oregon Laws 2019
BGE 2-2025, amend filed 09/23/2025, effective 09/30/2025
BGE 4-2020, minor correction filed 06/10/2020, effective 06/10/2020
BGE 1-2020, adopt filed 03/09/2020, effective 03/09/2020
BGE 4-2019, temporary adopt filed 12/09/2019, effective 12/09/2019 through 06/05/2020

Or. Admin. R. 809-050-0025 Criminal Conviction Determination Process

(1) Prior to beginning an education program required for registration in geology or engineering geology, an individual who was convicted of a crime may petition the Board for a determination as to whether the criminal conviction will prevent the individual from receiving a registration to practice geology or engineering geology in Oregon issued by the Board. The individual is referred to as a petitioner in this rule.

(2) To be complete, a petition must include, at a minimum, the following:

(a) a complete and signed determination request form;

(b) the required fee specified in OAR 804-040-0001;

(A) a certified copy of the judgment of criminal conviction;

(B) all charging documents;

(D) all probation and parole records;

(E) a written statement from petitioner regarding the facts underlying the criminal conviction and any intervening circumstances since the conviction; and

(d) a written statement or other document listing all criminal convictions, including dates of conviction and a summary of the facts underlying each criminal conviction, if the petitioner has more than one criminal conviction.

(3) A completed petition and fee must be filed that lists all criminal convictions for which the petitioner is requesting a determination.

(4) If any of the records in (2)(c) no longer exist, have been sealed, or are otherwise unavailable to the petitioner, then the petitioner must provide evidence from the agency, court, or other public body that held the record that the record no longer exists.

(5) If any of the documents and information required under subsections (2) and (4) are not provided, petitioner will have 60 days to provide the required documents and information. Upon failure to comply, the petition will be deemed incomplete and closed without a determination.

(6) The petition, the records and information submitted with the petition, and the Board’s determination, are public records and subject to disclosure under Oregon’s Public Records Laws the same as for any completed application for registration.

(7) The Board will reconsider a determination that a criminal conviction prevents the person from obtaining a registration when the person submits a completed application for registration.

(8) Upon reconsideration, the Board may rescind a previous determination that a criminal conviction does not prevent the person from obtaining a registration if the applicant:

(a) Has allegations or charges pending in criminal court;

(b) Has failed to disclose a previous criminal conviction;

(c) Has been convicted of another crime during the period between the determination and the person’s submission of a completed application for registration; or

(d) Has been convicted of a crime that, during the period between the determination and the person’s submission of a completed application for registration, became subject to a change in state or federal law that prohibits registration because of a conviction of that crime.

(9) Failure to disclose a previous criminal conviction includes any misrepresentation of a prior criminal conviction, any concealment or failure to disclose a material fact about a prior criminal conviction, and any other misinformation regarding a prior criminal conviction.

(10) Nothing in this rule prohibits the Board from denying registration when the person submits a completed application for a reason other than conviction of a crime.

(11) A determination under this rule is not a final determination of the Board.

History

Statutory/Other Authority: ORS 670.280(4)(f) & ORS 670.310(1)
Statutes/Other Implemented: ORS 670.280(4)(f)
BGE 2-2025, adopt filed 09/23/2025, effective 09/30/2025

Or. Admin. R. 809-050-0050 Required Application Information

(1) The Board will not issue or renew any registration or specialty certification unless an applicant or registrant provides his or her Social Security Number on the application or renewal form.

(a) A registrant need not provide the Social Security Number on the renewal form if the Social Security Number has been previously provided to the Board and is in the record.

(b) An applicant need not provide the Social Security number on a subsequent application if the Social Security Number has been previously provided to the Board and remains in the record.

(2) If an individual has not been issued a Social Security Number by the United States Social Security Administration, the Board will accept a written statement from the applicant to fulfill the requirements of OAR 809-050-0050(1) and this rule. The individual may, but is not required to, submit the written statement on a form provided by the Board. Any written statement submitted must:

(a) Be signed by the individual;

(b) Attest to the fact that no Social Security Number has been issued to the individual by the United States Social Security Administration;

(d) Acknowledge that knowingly supplying false information under this section is as crime.

(3) Individuals must provide Social Security Numbers as required by ORS 25.785, 305.385, 42 USC § 666(a)(13), and 42 USC § 405(c)(2)(C)(i) for child support enforcement purposes and Department of Revenue purposes.

History

Statutory/Other Authority: ORS 670.310, 25.785, 305.385, 42 USC §666 & 42 USC §405
Statutes/Other Implemented: 672.555, 672.565, 672.585, 672.595, 25.785 & 305.385
BGE 2-2014, f. & cert. ef. 12-5-14
BGE 1-2014(Temp), f. & cert. ef. 9-15-14 thru 3-13-15
BGE 10-2004, f. & cert.ef. 10-19-04

Division 55 COMPLIANCE

Or. Admin. R. 809-055-0000 Complaint Process

(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;

(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.

(6) Response to the Board:

(a) The respondent will generally be given an opportunity to provide a written response to the complaint as part of a Board investigation.

(b) Written response, records, or other information requested on behalf of the Board must be provided to the Board office within 21 calendar days after the Board request is mailed, unless an extension is authorized by the Board Administrator.

(A) For a registrant, mailed means sent via United States post with proper postage and addressed to the registrant’s address of record on file with the Board.

(B) For a non-registrant, mailed means sent via United States post with proper postage and sent to the last known address in the Board’s case file.

(c) A registrant of the Board must fully cooperate with a Board investigation, including but not limited to providing a timely response to any Board request under (6)(a) and (b). A registrant’s failure to cooperate constitutes misconduct under OAR 809-020-0030.

History

Statutory/Other Authority: ORS 670.310(1), 670.315, 672.665 & 672.675
Statutes/Other Implemented: 672.665 & 672.675
BGE 1-2016, f. & cert. ef. 9-20-16
BGE 3-2012, f. 12-13-12, cert. ef. 12-21-12
BGE 2-2009, f. & cert. ef. 12-11-09
BGE 1-2002, f. & cert. ef. 2-6-02, Renumbered from 809-050-0040
BGE 2-2000, f. & cert. ef. 11-17-00
BGE 1-2000, f. & cert. ef. 8-3-00
GE 2-1992, f. 9-30-92, cert. ef. 10-1-92

Or. Admin. R. 809-055-0010 Contested Case Proceedings

The State Board of Geologist Examiners adopts the Attorney General’s Model Rules for Contested Case Proceedings, OAR 137-003-0501 to 137-003-0700, as the rules of procedure for contested cases.

History

Statutory/Other Authority: ORS 183.341 & 670.310(1)
Statutes/Other Implemented: ORS 183.310 - 183.550 & 670.325
BGE 1-2002, f. & cert. ef. 2-6-02

Or. Admin. R. 809-055-0020 Contested Case Procedure

(1) A hearing request shall be made in writing to the Board by the party or his/her representative within 30 days of the mailing date of the Notice of Proposed Action.

(2) Each request for hearing must include an answer containing:

(a) An admission or denial of each factual matter alleged in the notice; and

(b) A short and plain statement of each relevant affirmative defense the party may have.

History

Statutory/Other Authority: ORS 183.341 & 670.310(1)
Statutes/Other Implemented: ORS 183.310 - 183.550 & 670.325
BGE 1-2002, f. & cert. ef. 2-6-02

Division 60 BOARD OPERATIONS

Or. Admin. R. 809-060-0001 Appointment of Board Members

(1) The Public Member shall be appointed by the Governor.

(2) The Governor may select and appoint any qualified Registered Geologist to fill a Board geologist position.

(3) If the Governor does not appoint a licensee to fill the expired term of an existing Board member, those members shall continue to serve until replaced.

History

Statutory/Other Authority: ORS 670.310, SB 546 & SB 1126
Statutes/Other Implemented: ORS 672.505 - 672.705
BGE 1-2000, f. & cert. ef. 8-3-00
BGE 3-1998, f.10-16-98, cert. ef. 10-21-98

Or. Admin. R. 809-060-0002 Vacancies

(1) A vacancy exists when a Board member completes the term for that position, resigns, becomes incapacitated, or otherwise is incapable of performing the duties of a Board member, or is removed from office or is not re-appointed by the Governor upon expiration of the member’s current term.

(2) Notwithstanding subsection (1) of this section, a vacancy does not exist when an actively sitting Board member completes the member’s first full term, so long as the member is re-appointed by the Governor to a second full term. A member who is eligible for re-appointment shall be given notice by the Board of such eligibility; and within 20 days after such notice, give the Board and the Governor written notices of their intention to seek re-appointment not later than 120 days before the expiration of the member’s term.

History

Statutory/Other Authority: ORS 670.310 & SB 546
Statutes/Other Implemented: ORS 672.505 - 672.705
BGE 1-2000, f. & cert. ef. 8-3-00
BGE 3-1998, f.10-16-98, cert. ef. 10-21-98

Or. Admin. R. 809-060-0003 Qualifications for Membership on the Board

(1) A registrant is qualified to seek nomination for Board membership if:

(a) The registrant holds an active registration with the Board; and

(b) Has lived in the State of Oregon for at least one year preceding appointment to the Board; and

(2) Notwithstanding subsection (1) of this section, a registrant is not qualified for nomination to Board membership if the registrant has been convicted, plead guilty, or plead nolo contendere to any criminal charge if the relationship of the facts which support the charge and all intervening circumstances tend to show that the registrant is not fit to hold the position, in the discretion of the Board.

(3) A registrant is not qualified for nomination to Board membership if the registrant, within the previous five years, has been reprimanded, suspended, or revoked by the Board for a violation of ORS Chapter 672 or the rules adopted by the Board.

History

Statutory/Other Authority: ORS 670.310 & SB 546
Statutes/Other Implemented: ORS 672.505 - 672.705
BGE 1-2002, f. & cert. ef. 2-6-02
BGE 1-2000, f. & cert. ef. 8-3-00
BGE 3-1998, f.10-16-98, cert. ef. 10-21-98

OAR Chapter 809 — Board of Geologist Examiners

Division 1 PROCEDURAL RULES

Or. Admin. R. 809-001-0000 Notice

Or. Admin. R. 809-001-0005 Model Rules of Procedure

Or. Admin. R. 809-001-0010 Election of Officers

Or. Admin. R. 809-001-0015 Public Records Requests

Or. Admin. R. 809-001-0035 Confidentiality and Inadmissibility of Mediation Communications

Division 3 DEFINITIONS

Or. Admin. R. 809-003-0000 Definitions

Division 5 CERTIFICATION OF SPECIALTY

Or. Admin. R. 809-005-0000 Certification for Engineering Geology

Or. Admin. R. 809-005-0005 Certification for Geologist-in-Training

Division 10 FEES

Or. Admin. R. 809-010-0001 Fees

Or. Admin. R. 809-010-0025 Operating Budget

Division 15 RENEWALS, RESTORATIONS

Or. Admin. R. 809-015-0000 Renewal

Or. Admin. R. 809-015-0005 Restoration

Or. Admin. R. 809-015-0010 Nonrestoration

Or. Admin. R. 809-015-0020 Reissuance of Revoked Registration

Division 20 CODE OF PROFESSIONAL CONDUCT

Or. Admin. R. 809-020-0001 Goals

Or. Admin. R. 809-020-0006 Responsibility to Profession

Or. Admin. R. 809-020-0011 Responsibility to Employer

Or. Admin. R. 809-020-0025 Responsibility to the Board

Or. Admin. R. 809-020-0030 Misconduct

Division 25 CONTINUING EDUCATION

Or. Admin. R. 809-025-0000 Definitions

Or. Admin. R. 809-025-0010 Continuing Education Requirements

Or. Admin. R. 809-025-0015 Continuing Education Activities

Or. Admin. R. 809-025-0020 Record Keeping

Or. Admin. R. 809-025-0025 Continuing Education Audit

Or. Admin. R. 809-025-0030 Special Considerations

Or. Admin. R. 809-025-0035 Restoration of Registration

Or. Admin. R. 809-025-0040 Exemptions

Or. Admin. R. 809-025-0045 Noncompliance

Division 30 QUALIFICATION STANDARDS AND EXPERIENCE

Or. Admin. R. 809-030-0000 Supervision Standards

Or. Admin. R. 809-030-0005 Experience Standards

Or. Admin. R. 809-030-0010 Transcript Standards

Or. Admin. R. 809-030-0015 Qualifications for Geologist Practice Examination and Geologist Registration

Or. Admin. R. 809-030-0020 Qualifications for Engineering Geologist Examination and Certification as an Engineering Geologist

Or. Admin. R. 809-030-0022 Supervisor Approval for Alternative Work Experience in Engineering Geology

Or. Admin. R. 809-030-0025 Qualifications for Geologist Fundamentals Examination and Certification as a Geologist-in-Training

Division 40 EXAMINATION PROCEDURES

Or. Admin. R. 809-040-0000 Examination Application

Or. Admin. R. 809-040-0001 Examination Application Deadlines

Or. Admin. R. 809-040-0002 Date of Examinations

Or. Admin. R. 809-040-0003 Examination Notice

Or. Admin. R. 809-040-0004 Picture Identification

Or. Admin. R. 809-040-0005 Examination Information and Accommodations

Or. Admin. R. 809-040-0006 Scope of Geologist Examination

Or. Admin. R. 809-040-0008 Scope of Engineering Geologist Examination

Or. Admin. R. 809-040-0009 Examination and Registration

Or. Admin. R. 809-040-0010 Scoring

Or. Admin. R. 809-040-0011 Notice of Examination Score

Or. Admin. R. 809-040-0020 Review of Examination

Or. Admin. R. 809-040-0021 Proctored Review for Engineering Geologist Examination

Or. Admin. R. 809-040-0022 Resubmittal for Examination

Or. Admin. R. 809-040-0023 Withdrawal from Examination or Rescheduling Examination

Or. Admin. R. 809-040-0030 Refunds

Division 50 GENERAL

Or. Admin. R. 809-050-0000 Use of Seal

Or. Admin. R. 809-050-0005 Signature

Or. Admin. R. 809-050-0010 Qualifications for Cooperative Registration or Temporary Permits

Or. Admin. R. 809-050-0015 Military Portability and Temporary Military Spouse Registration

Or. Admin. R. 809-050-0025 Criminal Conviction Determination Process

Or. Admin. R. 809-050-0050 Required Application Information

Division 55 COMPLIANCE

Or. Admin. R. 809-055-0000 Complaint Process

Or. Admin. R. 809-055-0010 Contested Case Proceedings

Or. Admin. R. 809-055-0020 Contested Case Procedure

Division 60 BOARD OPERATIONS

Or. Admin. R. 809-060-0001 Appointment of Board Members

Or. Admin. R. 809-060-0002 Vacancies

Or. Admin. R. 809-060-0003 Qualifications for Membership on the Board

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