The text appearing in this database was produced from material provided by the Legislative Counsel Committee of the Oregon Legislative Assembly. The official record copy is the printed published copy of the Oregon Revised Statutes. The text in the database is not the official text of Oregon law.
Although efforts have been made to match the database text to the official legal text they represent, substantive errors or differences may remain. It is the users responsibility to verify the legal accuracy of all legal text. The Legislative Counsel Committee claims copyright protection in those parts of Oregon Revised Statutes that are legally subject to copyright protection. The State of Oregon is not liable for any loss or damage resulting from errors introduced into the materials supplied by the Legislative Counsel Committee, by a user or any third party, or resulting from any defect in or misuse of any search software, drivers or other equipment.
Hint: Use your browser's Find feature (usually found in the Edit menu) to get to a section more quickly.
Chapter 670 – Occupations And Professions Generally
670.010 Waiver of educational requirement for admission to examination for license or certificate to practice profession, trade or calling. Any state board or commission that examines applicants for license or certification to practice a profession or engage in a trade or calling may, in its discretion, waive the educational requirement for admission to such examination, provided that the applicant furnishes evidence satisfactory to such state board or commission that the applicant is currently enrolled in a school, college or university approved by such state board or commission and will satisfy the educational requirement for admission to such examination on satisfactory completion of courses for which the applicant is currently enrolled and that this educational requirement will be met not later than four calendar months from the first day of the month following the month in which the examination is given. [1953 c.103 §1; 1975 c.429 §5; 1977 c.47 §1]
670.020 Filing evidence of complete educational requirement after taking examination. (1) Evidence of completion of the educational requirement waived as provided in ORS 670.010 shall be filed with such state board or commission not later than four calendar months from the first day of the month following the month in which the examination is taken. State boards and commissions shall withhold official certification of the successful completion of the examination until such evidence is furnished. The affidavit of the registrar or administrative head of the school, college or university shall be deemed satisfactory evidence.
(2) If any candidate admitted to an examination as provided in ORS 670.010 shall fail or neglect within said period to complete the educational requirement for such examination, then the completion of the examination by such candidate shall be null and void, and of no effect. The state board or commission which examined the candidate, however, shall retain any examination fee paid by the candidate. [1953 c.103 §2; 1975 c.429 §6; 1981 c.89 §19]
670.210 [1967 c.344 §1; 1971 c.648 §31; repealed by 1981 c.76 §1]
670.220 [1967 c.344 §§2, 3; 1971 c.648 §32; repealed by 1981 c.76 §1]
670.230 [1967 c.344 §4; repealed by 1981 c.76 §1]
670.240 [1967 c.344 §5; repealed by 1981 c.76 §1]
670.275 Policy statement. In enacting chapter 753, Oregon Laws 1971, it is the intention of the Legislative Assembly to provide for the more effective coordination of the administrative functions of boards charged with responsibility for protecting the public through the licensing and regulating of certain professions practiced in this state. Further, it is the intention of the Legislative Assembly to retain responsibility for decisions on qualifications, standards of practice, licensing, discipline and other discretionary functions relating to professional activities in the professional licensing boards, members of which are qualified by education, training and experience to make the necessary judgments. [Formerly 184.575]
Note: Legislative Counsel has substituted "chapter 753, Oregon Laws 1971," for the words "this Act" in section 1, chapter 753, Oregon Laws 1971, compiled as 670.275 [Formerly 184.575]. Specific ORS references have not been substituted pursuant to 173.160. These sections may be determined by referring to the 1971 Comparative Section Table located in Volume 18 of ORS.
670.280 Denial, suspension or revocation of license prohibited solely because of criminal conviction; exception. Except as provided in ORS 342.143 or 342.175, no licensing board or agency shall deny, suspend or revoke an occupational or professional license or certification solely for the reason that the applicant or licensee has been convicted of a crime, but it may consider the relationship of the facts which support the conviction and all intervening circumstances to the specific occupational or professional standards in determining the fitness of the person to receive or hold such license or certificate. [1973 c.359 §1; 1991 c.662 §6a]
670.283 Power of state agency to suspend license includes power to reinstate. If a state agency, board or commission has the power to issue any license, certification or registration necessary to practice any profession or engage in any trade or calling, any statute granting the state agency, board or commission the power to suspend the license, certification or registration includes the power to reinstate:
(1) At a time certain; or
(2) When the person subject to suspension fulfills conditions for reinstatement set by the agency, board or commission. [1979 c.201 §1]
670.285 [1975 c.759 §10; renumbered 183.435]
670.290 Prohibited uses of juvenile records in employment, licensing or admission. It shall be unlawful for any state agency or licensing board, including the Oregon State Bar, to:
(1) Require that an applicant for employment, licensing or admission answer any questions regarding the existence or contents of a juvenile record that has been expunged pursuant to ORS 419A.260 and 419A.262;
(2) Bar or discharge from employment or refuse to hire or employ such individual because of the existence or contents of a juvenile record that has been expunged pursuant to ORS 419A.260 and 419A.262; or
(3) Deny, revoke or suspend a license because of the existence or contents of a juvenile record that has been expunged pursuant to ORS 419A.260 and 419A.262. [1977 c.801 §2; 1983 c.820 §16; 1993 c.33 §360]
670.300 Licensing and advisory board officers; quorum and meeting requirements; compensation and expenses of members. (1) Except as otherwise provided by law, each professional licensing and advisory board shall select annually one of its members as chairperson and another as vice chairperson, with such powers and duties necessary for the performance of the functions of such offices as the board shall determine.
(2) The majority of the members of the board constitutes a quorum for the transaction of business.
(3) The board shall meet at least once a year, not later than July 1, at a place, day and hour determined by the board. The board shall also meet at such other times and places as are specified by the call of the chairperson or a majority of the members of the board.
(4) Members of the board are entitled to compensation and expenses as provided in ORS 292.495. [1971 c.753 §8; 1987 c.414 §95]
670.304 Application of ORS 670.300 to 670.410. Except as otherwise specifically provided, ORS 670.300 to 670.410 apply to the following professional licensing and advisory boards:
(1) Professional licensing and advisory boards established in the Office of the Secretary of State.
(2) The Oregon Board of Maritime Pilots, in the Department of Transportation.
(3) The Board of Cosmetology, in the Health Licensing Office.
(4) The State Board of Architect Examiners.
(5) The State Landscape Contractors Board.
(6) The State Board of Examiners for Engineering and Land Surveying.
(7) State Landscape Architect Board.
(8) State Board of Geologist Examiners.
(9) State Board of Tax Practitioners.
(10) Oregon Board of Accountancy.
(11) The Construction Contractors Board. [1987 c.414 §94; 1991 c.67 §176; 1993 c.744 §241; 1997 c.3 §2; 1997 c.21 §1; 1999 c.425 §28; 1999 c.885 §19; 2001 c.160 §1]
670.305 [1971 c.753 §9; repealed by 1973 c.659 §1 (670.306 enacted in lieu of 670.305)]
670.306 Administrative officers for boards; other employees. (1) Subsections (2) and (3) of this section shall apply only to the following professional licensing boards:
(a) State Board of Architect Examiners.
(b) Construction Contractors Board.
(c) State Board of Examiners for Engineering and Land Surveying.
(d) State Landscape Architect Board.
(e) State Landscape Contractors Board.
(f) Oregon Board of Accountancy.
(g) Oregon Board of Maritime Pilots.
(h) State Board of Tax Practitioners.
(2) A board shall fix the qualifications of and appoint an administrative officer. The determination of qualifications and appointment of an administrative officer shall be made after consultation:
(a) In the case of a board referred to in subsection (1)(a), (b), (c), (d), (e), (f) or (h) of this section, with the Governor.
(b) In the case of the Oregon Board of Maritime Pilots, with the Director of Transportation.
(3) An administrative officer of a board shall not be a member of that board.
(4) Subject to the applicable rules of the State Personnel Relations Law, the board shall fix the compensation of its administrator, who shall be in the unclassified service.
(5) Subject to applicable rules of the State Personnel Relations Law, the administrative officer shall appoint all subordinate employees, prescribe their duties and fix their compensation. [1973 c.659 §2 (enacted in lieu of 670.305); 1975 c.429 §7; 1975 c.464 §1; 1981 c.821 §2; 1987 c.414 §96; 1993 c.744 §242; 1995 c.79 §338; 1997 c.3 §3; 1997 c.21 §2; 1999 c.59 §199; 1999 c.322 §41]
670.310 Rulemaking authority; board seal. (1) Except as otherwise provided by law and in accordance with any applicable provisions of ORS 183.310 to 183.550, each professional licensing board and advisory board may make such rules as are necessary or proper for the administration of the laws such board is charged with administering.
(2) Each professional licensing board and advisory board may adopt a seal. [1971 c.753 §10; 1987 c.414 §97]
670.315 Administration of oaths; obtaining and taking evidence at board proceedings; effect of failure to obey board subpoena. (1) Except as otherwise provided by law each professional licensing board or advisory board, acting through its chairperson or vice chairperson or a hearing officer, may administer oaths, take depositions and issue subpoenas to compel the attendance of witnesses and the production of books, papers, records, memoranda or other information necessary to the carrying out of the laws the board is charged with administering.
(2) If any person fails to comply with a subpoena issued under this section or refuses to testify on any matters on which the person may be lawfully interrogated, the procedure provided in ORS 183.440 shall be followed to compel obedience. [1971 c.753 §11; 1987 c.414 §98]
670.320 [1971 c.753 §12; repealed by 1987 c.414 §172]
670.325 Proceedings on denial of license; restraining violations; authority of hearing officers; record of proceedings. (1) All proceedings for the refusal to issue, or the suspension or revocation of any license, certificate of registration or other evidence of authority required to practice any profession subject to the authority of a professional licensing or advisory board shall be conducted pursuant to the procedure for contested cases required or authorized by ORS 183.310 to 183.550.
(2) If a professional licensing or advisory board decides that any person has or is about to engage in any activity that is or will be a violation of law the board is charged with enforcing, the board may institute a proceeding in an appropriate circuit court to restrain the activity or proposed activity. An injunction may be issued without proof of actual damages, but does not relieve the defendant of any criminal liability.
(3) Any hearing officer conducting a hearing for a professional licensing board is vested with full authority of the board to schedule and conduct hearings on behalf and in the name of the board on all matters referred to the hearing officer for hearing by the board, including proceedings for placing persons registered or licensed by the board on probation and for suspension and revocation of registration or licenses, and shall cause to be prepared and furnished to the board, for decision thereon by the board, a complete written transcript of the record of the hearing. The transcript shall contain all evidence introduced at the hearing and all pleas, motions and objections and all rulings of the hearing officer. Each hearing officer may administer oaths and issue summonses, notices and subpoenas, but may not place any registrant or licensee on probation or issue, refuse, suspend or revoke a registration or license. [1971 c.753 §13; 1987 c.414 §99; 1999 c.849 §155]
670.330 [1971 c.753 §14; renumbered 456.757 in 1987]
670.335 Disposition of fees received by boards; procedure for payment of board expenses. Except as otherwise provided by law, all fees or other funds received by a professional licensing or advisory board shall be paid into the State Treasury monthly. Such payments shall be credited to separate accounts in the General Fund for each board, and any such payments shall constitute a continuous appropriation of such amounts from the General Fund for the purpose of carrying out the functions of the board making the payment. All necessary expenses of each board shall be paid from the amounts paid by such board in the same manner as other claims against the state are paid, after approval thereof by the chairperson or administrator of the board. [1971 c.753 §15; 1987 c.414 §101; 1993 c.744 §242a]
670.340 [1971 c.753 §16; renumbered 456.762 in 1987]
670.345 Procedure for filling vacancies on board. At least 60 days before a vacancy is to occur on a professional licensing or advisory board, the professional organizations representing persons subject to licensing or other regulation by the board may nominate at least three qualified persons for each vacancy, and shall certify its nominees to the appointing officer or body who shall consider these nominees in selecting successors to retiring board members. This section does not apply to appointment of public members. [1971 c.753 §17; 1987 c.414 §103]
670.350 Administration of professional qualification examinations. Each professional licensing and advisory board that is authorized or required by law to administer an examination as part of its determination of professional qualifications shall administer such examinations at least once each year at such time and place as the board shall designate. [1971 c.753 §18; 1987 c.414 §104]
670.380 When reciprocal licensing or registration agreements authorized; termination. (1) If the administrator determines that the standards, qualifications and examinations for licensing or registration of building trades and mechanical and specialty skills of another state are substantially similar to the standards, qualifications and examinations required under applicable Oregon statutes and rules administered by the agency as specified in ORS 455.100, the administrator with approval of the designated examining or advisory board may, when it is in the best interest of the economy of the State of Oregon, enter into a reciprocal agreement with such other state to issue without examination licenses or certificate of registration upon proof of licensing or registration in such other state and upon payment of appropriate fees.
(2) Reciprocal agreements may be terminated by the administrator with approval of the designated, examining or advisory board, upon a determination that the other party is not maintaining and enforcing standards, qualifications and examinations substantially similar to those of Oregon. [1974 s.s. c.47 §§1,2; 1987 c.414 §105]
670.410 Changing of licensing period. (1) A board may vary the expiration date of a registration, license or certificate issued by the board. Notwithstanding any other law, registrations, licenses and certificates may be made to expire on a biennial basis.
(2) In accordance with subsection (1) of this section, the board shall give a person written notice of the new renewal date assigned and make appropriate adjustments in the renewal fee.
(3) This section applies only to those registrations, licenses and certificates issued under ORS 479.640, 690.005 to 690.235 or ORS chapters 671, 672, 673, 693, 701 and 776. [1977 c.873 §27; 1979 c.107 §1; 1981 c.821 §3; 1987 c.414 §106]
670.600 Independent contractor; standards. As used in various provisions of ORS chapters 316, 448, 656, 657, 671 and 701, an individual or business entity that performs labor or services for remuneration shall be considered to perform the labor or services as an "independent contractor" if the standards of this section are met:
(1) The individual or business entity providing the labor or services is free from direction and control over the means and manner of providing the labor or services, subject only to the right of the person for whom the labor or services are provided to specify the desired results;
(2) The individual or business entity providing labor or services is responsible for obtaining all assumed business registrations or professional occupation licenses required by state law or local government ordinances for the individual or business entity to conduct the business;
(3) The individual or business entity providing labor or services furnishes the tools or equipment necessary for performance of the contracted labor or services;
(4) The individual or business entity providing labor or services has the authority to hire and fire employees to perform the labor or services;
(5) Payment for the labor or services is made upon completion of the performance of specific portions of the project or is made on the basis of an annual or periodic retainer;
(6) The individual or business entity providing labor or services is licensed under ORS chapter 701, if the individual or business entity provides labor or services for which licensure is required;
(7) Federal and state income tax returns in the name of the business or a business Schedule C or farm Schedule F as part of the personal income tax return were filed for the previous year if the individual or business entity performed labor or services as an independent contractor in the previous year; and
(8) The individual or business entity represents to the public that the labor or services are to be provided by an independently established business. Except when an individual or business entity files a Schedule F as part of the personal income tax returns and the individual or business entity performs farm labor or services that are reportable on Schedule C, an individual or business entity is considered to be engaged in an independently established business when four or more of the following circumstances exist:
(a) The labor or services are primarily carried out at a location that is separate from the residence of an individual who performs the labor or services, or are primarily carried out in a specific portion of the residence, which portion is set aside as the location of the business;
(b) Commercial advertising or business cards as is customary in operating similar businesses are purchased for the business, or the individual or business entity has a trade association membership;
(c) Telephone listing and service are used for the business that is separate from the personal residence listing and service used by an individual who performs the labor or services;
(d) Labor or services are performed only pursuant to written contracts;
(e) Labor or services are performed for two or more different persons within a period of one year; or
(f) The individual or business entity assumes financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. [Formerly 701.025; 1997 c.398 §2; 1999 c.402 §9]
670.605 Rules to define independent contractor. In accordance with ORS 183.310 to 183.550, those agencies responsible for the administration of ORS 671.510 to 671.710 and ORS chapters 316, 656, 657 and 701 jointly shall adopt rules to carry out the provisions of ORS 670.600. [Formerly 701.030; 2001 c.409 §4]
Note: The amendments to 670.605 by section 4, chapter 409, Oregon Laws 2001, become operative July 1, 2002. See section 12, chapter 409, Oregon Laws 2001. The text that is operative until July 1, 2002, is set forth for the user’s convenience.
670.605. In accordance with ORS 183.310 to 183.550, those agencies responsible for the administration of ORS chapters 316, 656, 657 and 701, jointly shall adopt rules to carry out the provisions of ORS 670.600.
670.610 Referees in recreational soccer matches considered independent contractors. Notwithstanding ORS 670.600, for purposes of ORS chapters 316 and 653, a person serving as a referee or assistant referee in a youth or adult recreational soccer match shall be considered to be an independent contractor. [2001 c.765 §3]
670.990 [1967 c.344 §6; repealed by 1981 c.76 §1]