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Chapter 672 — Professional Engineers; Land Surveyors; Geologists
2001 EDITION
PROFESSIONAL ENGINEERS AND LAND SURVEYORS
(Generally)
672.002 Definitions for ORS 672.002 to 672.325. As used in ORS 672.002 to 672.325, unless the context requires otherwise:
(1) "Board" means the State Board of Examiners for Engineering and Land Surveying provided by ORS 672.240.
(2) "Engineer," "licensed engineer," "professional engineer," "registered engineer" or "registered professional engineer" means a person who is registered in this state and holds a valid certificate to practice engineering in this state as provided under ORS 672.002 to 672.325.
(4) "Land surveyor," "surveyor," "licensed surveyor," "professional surveyor," "professional land surveyor," "registered land surveyor" or "registered professional land surveyor" means a person who is registered in this state and holds a valid certificate to practice surveying in this state as provided by ORS 672.002 to 672.325.
(5) "Land surveying intern" means a person enrolled by the board as having passed an examination in the fundamental land surveying subjects.
(6) "Responsible charge" means to have supervision and control of:
(a) The engineering design of works with responsibility for design decisions; or
(b) Land surveying work for the purpose of ensuring conformance to the relevant requirements of law and sound surveying practice.
672.005 Additional definitions. As used in ORS 672.002 to 672.325, unless the context requires otherwise:
(1)(a) "Practice of engineering" or "practice of professional engineering" means:
(A) Any professional service or creative work requiring engineering education, training and experience; and
(B) The application of special knowledge of the mathematical, physical and engineering sciences to such professional services or creative work as consultation, investigation, testimony, evaluation, planning, design and services during construction, manufacture or fabrication for the purpose of ensuring compliance with specifications and design, in connection with any public or private utilities, structures, buildings, machines, equipment, processes, works or projects.
(b) "Practice of engineering" or "practice of professional engineering" may include:
(A) Surveying to determine area or topography;
(B) Surveying to establish lines, grades or elevations, or to determine or estimate quantities of materials required, removed or in place; or
(C) Surveying required for design and construction layout of engineering and architectural infrastructure.
(2) "Practice of land surveying" means that branch of the practice of engineering in which:
(a) Surveys are made to determine area or topography, to establish or reestablish land boundaries, corners or monuments or to subdivide or plat land;
(b) Surveys are made to establish lines, grades or elevations, or to determine or estimate quantities of materials required, removed or in place;
(c) Surveys are made for horizontal or vertical mapping control or geodetic control; or
(d) Consultation, investigation, evaluation or planning relating to land surveying matters is required. [1971 c.751 §2; 1973 c.531 §1; 1977 c.620 §1; 1981 c.143 §2; 1991 c.339 §5; 1997 c.210 §2]
672.007 Acts constituting practice of engineering, land surveying. (1) Within the meaning of ORS 672.002 to 672.325, a person shall be considered practicing or offering to practice engineering who:
(a) By verbal claim, sign, advertisement, letterhead, card or in any other way implies that the person is or purports to be a registered professional engineer;
(b) Through the use of some other title implies that the person is an engineer or that the person is a registered professional engineer registered under this chapter; or
(c) Purports to be able to perform, or who does perform, any service or work which is defined by ORS 672.005 as the practice of engineering.
(2) Within the meaning of ORS 672.002 to 672.325 a person is practicing or offering to practice land surveying who:
(a) By verbal claim, sign, advertisement, letterhead, card or in any other way implies that the person is or purports to be a land surveyor;
(b) Through the use of some other title implies that the person is a land surveyor; or
(c) Purports to be able to perform, or who does perform, any land surveying service or work or any other service which is defined by ORS 672.005 as the practice of land surveying. [1971 c.751 §3; 1981 c.143 §3]
672.010 [Amended by 1959 c.336 §1; repealed by 1971 c.751 §39]
672.020 Practice of engineering without registration prohibited; seal required. (1) In order to safeguard life, health and property, no person shall practice or offer to practice engineering in this state unless the person is registered and has a valid certificate to practice engineering issued under ORS 672.002 to 672.325.
(2) Each registered professional engineer shall, upon registration, obtain a seal of the design authorized by the State Board of Examiners for Engineering and Land Surveying. Every final document including drawings, specifications, designs, reports, narratives, maps and plans issued by a registrant shall be stamped with the seal and signed by the registrant. The signature and stamp of a registrant constitute a certification that the document was prepared by the registrant or under the supervision and control of the registrant. [Amended by 1971 c.751 §6; 1995 c.33 §2; 1995 c.79 §339; 1997 c.210 §3]
672.025 Practice of land surveying without registration prohibited; seal required. (1) No person shall practice land surveying in this state unless the person is registered and has a valid certificate to practice land surveying issued under ORS 672.002 to 672.325.
(2) Every registered professional land surveyor shall, upon registration, obtain a seal of the design authorized by the State Board of Examiners for Engineering and Land Surveying. Every final document including drawings, specifications, designs, reports, narratives, maps and plans issued by a registrant shall be stamped with the seal of and signed by the registrant. The signature and stamp of a registrant constitute a certification that the document was prepared by the registrant or under the registrant’s supervision and control.
(3) Notwithstanding the provisions of ORS 672.005 (1), a registered professional engineer not also registered as a professional land surveyor shall not establish, reestablish or restore land boundaries, corners or monuments between lands not held in common ownership or intended for conveyance. [Formerly 672.420; 1977 c.620 §2; 1979 c.817 §1; 1981 c.159 §1; 1995 c.33 §3; 1997 c.210 §4]
672.027 [1985 c.418 §2; repealed by 1991 c.67 §177]
672.030 [Amended by 1971 c.751 §9; 1979 c.681 §1; repealed by 1983 c.614 §4]
672.035 [1971 c.751 §10; repealed by 1983 c.614 §4]
672.040 [Amended by 1959 c.336 §13; repealed by 1971 c.751 §39]
(1) Engage in the practice of engineering or land surveying without having a valid certificate or permit to so practice issued in accordance with ORS 672.002 to 672.325.
(2) Falsely represent, by any means, that the person is authorized to practice engineering or land surveying.
(3) Present or attempt to use the certificate or permit of another or the seal of another.
(4) Attempt to use an expired or revoked certificate or permit.
(5) Falsely impersonate any registrant of like or different name.
(6) Practice engineering or land surveying when not qualified.
(7) Buy, sell or fraudulently obtain any certificate or permit required by this chapter.
(8) Aid or abet the buying, selling or fraudulently obtaining of any certificate or permit required by ORS 672.002 to 672.325.
(9) Engage in the practice of engineering or land surveying under cover of a certificate or permit obtained or issued fraudulently or unlawfully or under fraudulent representations or mistake of fact in a material regard.
(10) Give any false or forged evidence of any kind to the State Board of Examiners for Engineering and Land Surveying or to any member thereof in obtaining or attempting to obtain a certificate or permit required by ORS 672.002 to 672.325. [1971 c.751 §36]
(2) Any person exercising the right of entry granted under subsection (1) of this section shall do so with no unnecessary damage to the land entered upon. Damages to trees, shrubs and other vegetation intentionally caused by the surveyor shall be subject to compensation and penalties as provided in ORS 105.810. The surveyor shall compensate the landowner for all other actual monetary damages, or $100, whichever is greater. Actual monetary damages may include but are not limited to all costs in time, labor and materials incurred by the property owner to return the property to the condition it was in prior to the damage.
(3) If a request is made in writing in a timely manner, a copy of the survey shall be provided in a timely manner to any landowner who owns property that is outside an urban growth boundary and is affected by subsection (4) of this section.
(4) A registered professional land surveyor, or any employee or agent of the surveyor, shall not enter upon or establish any permanent survey monument upon any land without first attempting to provide notice to the landowner or occupant of the property in person. When the landowner or occupant is not available, written notice shall be posted in a conspicuous place where it is most likely to be seen. The posted notice shall give the professional land surveyor’s name, address, telephone number, purpose, availability of the survey and the presence of any temporary or permanent monuments or other markers left on the property.
(5) A registered professional land surveyor, or any employee or agent of the surveyor, who enters land as allowed under this section is owed no greater duty of care than that owed by a landowner to a trespasser.
(6) Notwithstanding the provisions of subsection (1) of this section, a registered professional land surveyor, or any employee or agent of the surveyor, may use a vehicle to enter upon land provided that the vehicle remains on existing roadways where practicable.
(7) The surveyor shall remove all flagging, stakes and other temporary materials that are above ground if leaving them in place creates an unreasonable risk of harm to persons or property. Except for forestland as defined in ORS 527.620, the surveyor shall remove all temporary above ground materials within 60 days of placement unless written authorization to leave the materials in place is received from the landowner or occupant. [1995 c.382 §13; 1997 c.743 §1]
672.050 Registration of supervising engineer employed by nonresident required. Any engineer in responsible charge of engineering works by reason of which the public health and safety is involved, employed by a nonresident engineer, shall be registered as a professional engineer as provided by ORS 672.002 to 672.325. [Amended by 1971 c.751 §5]
672.060 Exceptions to application of ORS 672.002 to 672.325. ORS 672.002 to 672.325 do not apply to:
(1) A registered architect practicing architecture.
(2) A registered sanitarian or registered sanitarian trainee working under the supervision of a registered sanitarian practicing environmental sanitation, or a registered waste water sanitarian or registered waste water sanitarian trainee working under the supervision of a registered waste water sanitarian practicing waste water sanitation.
(3) A person working as an employee or a subordinate of a registered professional engineer if:
(a) The work of the person does not include final engineering designs or decisions;
(b) The work of the person is done under the supervision and control of and is verified by a registered professional engineer; and
(c) The person does not purport to be an engineer or registered professional engineer by any verbal claim, sign, advertisement, letterhead, card or title.
(4) A person practicing land surveying under the supervision of a registered professional land surveyor or registered professional engineer. The exemption in this subsection does not allow an engineer to supervise a land surveying activity the engineer could not personally perform under ORS 672.025.
(5) An individual, firm, partnership or corporation practicing engineering or land surveying:
(a) On property owned or leased by the individual, firm, partnership or corporation, or on property in which the individual, firm, partnership or corporation has an interest, estate or possessory right; and
(b) That affects exclusively the property or interests of the individual, firm, partnership or corporation, unless the safety or health of the public, including employees and visitors, is involved.
(6) The performance of engineering work by a person, firm or corporation, or by full-time employees thereof, provided:
(a) The work is in connection with or incidental to the operations of the persons, firms or corporations; and
(b) The engineering work is not offered directly to the public.
(7) A person executing engineering work designed by a professional engineer or supervising the construction of engineering work as a foreman or superintendent.
(8) A landowner performing land surveying within the boundaries of the landowner’s land or the landowner’s regular employee performing land surveying services as part of the employee’s official duties within the boundaries of the land of the employer.
(9) An individual, firm, partnership or corporation offering to practice engineering or land surveying if:
(a) The individual, firm, partnership or corporation holds a certificate of registration to engage in the practice of professional engineering or land surveying issued by the proper authority of any other state, a territory or possession of the United States, or a foreign country; and
(b) The offer includes a written statement that the offeror is not registered to practice engineering or land surveying in the State of Oregon, but will comply with ORS 672.002 to 672.325 by having a person holding a valid certificate of registration in this state in responsible charge of the work prior to performing any engineering or land surveying work within this state.
(10) A person making plans or specifications for, or supervising the erection, enlargement or alteration of, a building, or an appurtenance thereto, if the building is to be used for a single family residential dwelling or farm building or is a structure used in connection with or auxiliary to a single family residential dwelling or farm building, including but not limited to a three-car garage, barn or shed or a shelter used for the housing of domestic animals or livestock. ORS 672.002 to 672.325 do not prevent a person from making plans or specifications for, or supervising the erection, enlargement or alteration of, a building, or an appurtenance thereto, if the building has a ground area of 4,000 square feet or less and is not more than 20 feet in height from the top surface of lowest flooring to the highest interior overhead finish of the structure.
(11) A construction contractor licensed under ORS chapter 701 that offers services constituting the practice of engineering if:
(a) The services are appurtenant to construction services to be provided by the contractor;
(b) The services constituting the practice of engineering are performed by an engineer or engineers registered under ORS 672.002 to 672.325; and
(c) The offer by the construction contractor discloses in writing that the contractor is not an engineer and identifies the registered engineer or engineers that will perform the services constituting the practice of engineering. [Amended by 1971 c.751 §4; 1981 c.143 §4; 1981 c.159 §2; 1983 c.614 §2; 1995 c.572 §22; 1997 c.210 §5; 1999 c.830 §1; 2001 c.362 §2]
672.070 [Amended by 1959 c.336 §2; repealed by 1971 c.751 §39]
672.080 [Repealed by 1959 c.336 §3 (672.081 enacted in lieu of 672.080)]
672.081 [1959 c.336 §4 (enacted in lieu of 672.080); repealed by 1971 c.751 §39]
672.083 [1959 c.336 §6; repealed by 1971 c.751 §39]
672.085 [1959 c.336 §7; repealed by 1971 c.751 §39]
672.087 [1959 c.336 §8; repealed by 1971 c.751 §39]
(Certificates)
672.090 Issuance of certificates by board; examinations. (1) The State Board of Examiners for Engineering and Land Surveying shall issue certificates of registration as provided by ORS 672.002 to 672.325. All certificates shall be signed by the president and secretary of the board and issued under the seal of the board. The board shall prescribe and furnish forms for applications for examinations and for certificates and permits.
(2) Examinations shall be held at such times and at such places in each year as the board shall determine. The scope of the examinations and the methods of procedure shall be prescribed by the board. Examinations for registration may be written or oral, or both. [Amended by 1971 c.751 §26(2), (3); 1975 c.429 §9; 1981 c.143 §5; 1991 c.221 §1; 1997 c.210 §6]
672.092 Qualifications for registration as engineer. As minimum evidence of qualification for registration as a professional engineer, an applicant shall:
(1) Successfully pass the fundamentals in engineering examination;
(2) Successfully pass a practical engineer’s examination as may be prescribed by the State Board of Examiners for Engineering and Land Surveying; and
(3) Have a work record of four years or more of active practice in engineering work satisfactory to the board. [1995 c.68 §6]
(1) Successfully pass the fundamentals in land surveying examination;
(2) Successfully pass a professional land surveyor’s examination as may be prescribed by the State Board of Examiners for Engineering and Land Surveying; and
(3) Have a work record of four or more years of active practice in land surveying work satisfactory to the board. [1995 c.68 §10]
672.095 Applicant meeting qualifications eligible for examination; fee; certificate specifications. (1) If an applicant has the qualifications for examination prescribed by the State Board of Examiners for Engineering and Land Surveying under ORS 672.255, upon payment of the required examination fee, the board shall examine the applicant for registration on qualifications to practice engineering or land surveying.
(2) The board shall specify on the certificate to practice, when issued to the applicant, the branch or branches of engineering in which the applicant is especially qualified. [1971 c.751 §11; 1981 c.143 §6]
(2) Notwithstanding the provisions of subsection (1) of this section, the board shall adopt rules to consider an applicant’s work experience, education or other relevant factors, in lieu of a degree in engineering as qualification for the fundamentals in engineering examination.
(3) The fundamentals in engineering examination shall be prescribed by the board and shall be devoted to basic engineering subjects. The examination shall be written or written and oral. [1995 c.68 §3]
(2) Notwithstanding the provisions of subsection (1) of this section, the board shall adopt rules to consider an applicant’s work experience, or other relevant factors, in lieu of a degree in land surveying as qualification for the fundamentals in land surveying examination.
(3) The fundamentals in land surveying examination shall be prescribed by the board and shall be devoted to basic land surveying subjects. The examination shall be written, or written and oral. [1995 c.68 §7]
672.110 Numbering and recording of certificates. Each certificate issued by the State Board of Examiners for Engineering and Land Surveying shall be numbered. A record of each certificate issued, and the number, shall be entered in the records of the board. [Amended by 1971 c.751 §13]
(a) Pays the required fee;
(b) Meets the other necessary qualifications for registration under ORS 672.002 to 672.325;
(c) Holds a certificate of registration to engage in the practice of professional engineering, issued by the proper authority of a state, territory or possession of the United States, the District of Columbia or a foreign country; and
(d) Was issued the certificate of registration by the other authority under requirements for certification that were substantially equivalent to the requirements provided in this state at the time of issue.
(2) The board may refuse to certify an applicant who has been found to have violated ethical or professional standards by a court or administrative body in another state for committing or omitting acts which, if committed or omitted in this state, would be a violation of ethical or professional standards established pursuant to ORS 672.002 to 672.325.
(3) The board may issue a certificate of registration to practice land surveying to an applicant who:
(a) Pays the required fee;
(b) Meets the other necessary qualifications for registration under ORS 672.002 to 672.325;
(c) Holds a certificate of registration to engage in the practice of land surveying, issued by the proper authority of a state, territory or possession of the United States, the District of Columbia or a foreign country;
(d) Was issued the certificate of registration by the other authority under requirements for certification that were substantially equivalent to the requirements provided in this state at the time of issue as determined by the board; and
(e) Satisfactorily passes an examination covering questions on laws, procedures and practices pertaining to practice in this state. [1971 c.751 §19; 1981 c.143 §8; 1991 c.221 §2]
(a) "Significant structure" means:
(A) Hazardous facilities and special occupancy structures, as defined in ORS 455.447;
(B) Essential facilities, as defined in ORS 455.447, that have a ground area of more than 4,000 square feet and are more than 20 feet in height;
(C) Structures that the Director of the Department of Consumer and Business Services determines to have irregular features; and
(D) Buildings that are customarily occupied by human beings and are more than four stories or 45 feet above average ground level.
(b) "Significant structure" does not include:
(A) One-family and two-family dwellings and accompanying accessory structures;
(B) Agricultural buildings as defined in ORS 455.315;
(C) Buildings located on lands exempt from Department of Consumer and Business Services enforcement of building code regulations; or
(D) Essential facilities, as defined in ORS 455.447, that have a ground area of not more than 4,000 square feet and are not more than 20 feet in height.
(2) Consistent with ORS 672.255, the State Board of Examiners for Engineering and Land Surveying shall adopt rules establishing standards of competence in structural engineering analysis and design relating to seismic influence.
(3) An engineer must be registered with the board as a professional structural engineer under subsection (2) of this section to provide structural engineering services for significant structures.
(4) The board may certify an engineer as a structural engineer without examination if:
(a) On October 23, 1999, the engineer is registered with the board as a professional engineer; and
(b) Within one year of October 23, 1999, the engineer demonstrates to the satisfaction of the board that the engineer has sufficient experience in the duties typically provided by a professional structural engineer regarding significant structures. [1999 c.744 §2]
672.130 [Amended by 1953 c.98 §1; repealed by 1971 c.751 §39]
672.135 Temporary permits to practice engineering; fee. (1) Upon payment of the required fee, the State Board of Examiners for Engineering and Land Surveying may without examination issue a temporary permit to a person to practice engineering in this state for a period not to exceed six months. A temporary permit may only be issued if the person has made application for registration and, in the judgment of the board, has the other necessary qualifications for registration under ORS 672.002 to 672.325.
(2) A temporary permit to practice engineering may be issued only once to a person and may only be issued to a person authorized to practice engineering in another state, territory or possession of the United States, the District of Columbia or a foreign country if the standards for such authorization are equivalent to those in Oregon, as determined by the board. [1971 c.751 §18; 1997 c.41 §1]
672.140 [Repealed by 1971 c.751 §39]
672.145 [1971 c.751 §8; 1979 c.495 §1; repealed by 1991 c.221 §6]
672.150 [Repealed by 1971 c.751 §39]
(1) Examination in the fundamentals of engineering.
(2) Examination for registration as registered professional engineer.
(3) Examination in the fundamentals of land surveying.
(4) Reexamination of any portion of the land surveyor’s examination, if required.
(5) Examination for registration as registered professional land surveyor.
(6) Initial registered professional land surveyor certificate and renewal.
(7) Initial registered professional engineer certificate and renewal.
(8) Registration of nonresident engineer without examination under ORS 672.125.
(9) Registration of nonresident land surveyor under ORS 672.125.
(10) Temporary permit issued under ORS 672.135.
(11) Reissuance of lost or mutilated certificate.
(12) Issuance of certificate, without examination, based on experience in branch of engineering newly established by the board under ORS 672.255. [1971 c.751 §34; 1975 c.429 §10; 1979 c.495 §2; 1979 c.681 §2a; 1981 c.556 §2; 1983 c.614 §3; 1991 c.221 §4; 1991 c.703 §18; 1997 c.643 §19]
(2) The board may vary periods of certificate renewal or periods for registration to provide for renewal and payment of fees either every year or every two years. If the board changes the renewal period it will provide written notice to certificate holders and registrants. [Amended by 1959 c.336 §12; 1971 c.751 §15; 1975 c.429 §11; 1977 c.873 §4; 1979 c.495 §3; 1995 c.33 §4; 1999 c.59 §200]
(2) Subject to subsection (4) of this section, the failure of a registrant to renew the certificate before the renewal date does not deprive the registrant of the right of renewal thereafter.
(3) The amount to be paid for the renewal of a certificate after the renewal date shall be the renewal fee plus a late-payment charge.
(4) No certificate shall be renewed that has been delinquent for more than five years. [Amended by 1967 c.401 §5; 1971 c.751 §16; 1973 c.832 §36; 1975 c.429 §12; 1995 c.33 §5; 1997 c.643 §20]
672.180 Exemption from fees for retired engineer or surveyor age 65 or over. A registered professional engineer or a registered professional land surveyor who has reached the age of 65 years and has retired from the active practice of engineering or land surveying may, upon application and at the discretion of the State Board of Examiners for Engineering and Land Surveying, be exempted from payment of annual renewal fees thereafter. [Amended by 1971 c.751 §17]
(Discipline)
(1) For violation of any provision of ORS 672.045;
(2) For gross negligence, negligence or incompetence in the practice of engineering or land surveying;
(3) For conviction of a felony, or of a misdemeanor involving the practice of engineering or the practice of land surveying; or
(4) For any violation of the rules of professional conduct prescribed by the board. [Amended by 1971 c.751 §21; 1981 c.143 §9; 1991 c.221 §3; 1995 c.33 §6]
672.205 Disciplinary hearings; judicial review. (1) The State Board of Examiners for Engineering and Land Surveying shall accord opportunity for hearing as provided in ORS 183.310 to 183.550, when the board proposes to:
(a) Refuse to issue or renew a certificate of registration or enrollment;
(b) Revoke or suspend a certificate of registration or enrollment;
(c) Issue a reprimand; or
(d) Impose a civil penalty under ORS 672.325.
(2) Judicial review of orders under subsection (1) of this section shall be in accordance with ORS 183.310 to 183.550.
(3) Any person aggrieved by a decision of the board under ORS 672.200 or 672.210 is entitled to judicial review of the decision in accordance with the procedure for contested cases provided by ORS 183.310 to 183.550. [1971 c.734 §111; 1981 c.143 §10; 1995 c.33 §7; 1997 c.210 §7]
672.210 Procedure for suspension or revocation of certificate, permit or enrollment; hearing; majority of board members required to take action; reinstatement. (1) Proceedings for the suspension or revocation of a certificate, an enrollment or a permit may be initiated by filing with the State Board of Examiners for Engineering and Land Surveying written charges against the accused. The charges may be preferred by any person, or by the board on its own motion.
(2) The board shall fix a time and place for a hearing on the charges and cause notice thereof with a copy of the charges to be delivered to the accused in person or mailed to the last-known address of the accused. The notice shall be so delivered or mailed at least 30 days before the date fixed for the hearing.
(3) At a hearing, the accused shall have the right to appear in person or by counsel, or both, to cross-examine witnesses and to produce evidence and witnesses in a defense. If the accused does not appear, the board may proceed to hear and determine the validity of the charges.
(4) After a hearing, the board may, if a majority of the members of the board agree, reprimand the accused, or suspend, refuse to renew or revoke the permit, enrollment or certificate of the accused.
(5) The power of the board to suspend a certificate, enrollment or permit includes the power to reinstate:
(a) At a time certain; or
(b) When the person subject to suspension fulfills conditions for reinstatement set by the board. [Amended by 1971 c.751 §22; 1979 c.681 §3; 1981 c.143 §11; 1995 c.33 §8]
672.215 Proceedings to enjoin violations of ORS 672.002 to 672.325. If the State Board of Examiners for Engineering and Land Surveying decides that a person has engaged, or is about to engage, in any activity that is or will be a violation of ORS 672.002 to 672.325, the board may institute a proceedings in an appropriate circuit court to restrain the activity or proposed activity. An injunction may be issued without proof of actual damages but if issued, the defendant is not thereby relieved of any criminal liability. [1971 c.751 §23; 1981 c.143 §12]
672.220 [Repealed by 1971 c.734 §21 and 1971 c.751 §39]
672.230 [Repealed by 1971 c.751 §39]
(State Board)
672.240 State Board of Examiners for Engineering and Land Surveying; appointment; qualifications; officers. (1) The State Board of Examiners for Engineering and Land Surveying shall operate as a semi-independent state agency subject to ORS 182.456 to 182.472 for the purpose of carrying out ORS 672.002 to 672.325. The board shall consist of 11 members appointed by the Governor as follows:
(a) Two members shall be members of the general public.
(b) Two members shall be registered professional land surveyors.
(c) Six members shall be registered professional engineers.
(d) One member shall be registered both as a registered professional engineer and as a registered professional land surveyor. However, if a qualified person is not available, the Governor may appoint either an engineer or a surveyor.
(2) The Governor shall appoint members to the board so that there is at least one member of the board from each congressional district in this state.
(3) Each engineer and land surveyor member of the board shall have been:
(a) A resident of this state for at least three years immediately preceding appointment; and
(b) Practicing as a registered professional engineer or as a registered professional land surveyor for at least five years since the date of the person’s initial registration.
(4) The board shall elect biennially from among its members a president and vice president for the ensuing biennial term. [Amended by 1955 c.215 §1; 1963 c.580 §32; 1969 c.314 §75; 1971 c.751 §24; 1971 c.753 §28; subsection (3) enacted as 1971 c.751 §26(1); 1979 c.147 §1; 1981 c.143 §13; 1987 c.414 §47; 1997 c.210 §8; 1997 c.643 §21; 1999 c.1084 §61]
672.250 Term; certificate of appointment; oath; removal; vacancies. (1) Upon the expiration of the term of any board member, the Governor shall appoint a person possessing the qualifications prescribed by ORS 672.240 as a member of the State Board of Examiners for Engineering and Land Surveying to serve for a term of four years from July 1.
(2) Every member of the board shall receive a certificate of appointment from the Governor and before beginning the term shall file with the Secretary of State the constitutional oath of office.
(3) The Governor:
(a) May remove any member of the board for misconduct, incapacity or neglect of duty.
(b) By appointment for the unexpired term, shall fill any vacancy caused by death, resignation or removal from office. [Amended by 1963 c.580 §33; 1971 c.751 §25; 1979 c.147 §2; 1981 c.143 §14]
(a) Establishing fees as provided in ORS 672.155 for certificates, enrollments and permits issued by the board.
(b) Providing a procedure for the issuance, denial, suspension or revocation of certificates, enrollments and permits.
(c) Prescribing standards of professional conduct for professional engineers, professional land surveyors, engineering interns and land surveying interns.
(d) Specifying branches in which examinations are offered and for registration of individuals and for issuance of certificates and temporary permits to individuals under ORS 672.002 to 672.325. If the board specifies a new branch for examination and registration under this paragraph, the board may issue a certificate to an individual in the new branch without examination if the individual:
(A) Is a registered professional engineer;
(B) Establishes to the satisfaction of the board that the person has four years’ experience in the new branch of engineering specified by the board;
(C) Pays the fee established under ORS 672.155 for certification in a newly established branch of engineering, without examination, based on experience; and
(D) Submits an application to the board for issuance of the certificate in the new branch within one year after the date the board first gives an examination in the new branch.
(e) Prescribing standards and intellectual, educational and technical qualifications for examination and certificate renewal in addition to those prescribed in ORS 672.097, 672.099 and 672.170.
(f) Prescribing standards and guidelines for retired or inactive status of registrants, including provisions to allow the return to active status.
(2) In adopting rules under subsection (1)(c) and (d) of this section, the board shall give consideration to national practices as well as local practices. Adoption of rules shall be in accordance with ORS 183.310 to 183.550. [1971 c.751 §32; 1975 c.429 §12a; 1979 c.495 §4; 1981 c.556 §1; 1991 c.221 §5; 1995 c.68 §§1,12; 1997 c.210 §9]
672.260 [Amended by 1971 c.751 §27; repealed by 1971 c.753 §74]
672.265 [1971 c.751 §33; 1973 c.832 §37; repealed by 1975 c.429 §13]
672.270 [Repealed by 1971 c.753 §74]
672.280 [Repealed by 1971 c.751 §39]
672.290 [Amended by 1971 c.751 §29; repealed by 1971 c.753 §74]
672.300 Investigation of complaints. The State Board of Examiners for Engineering and Land Surveying shall carefully investigate any complaints or information relating to violations of ORS 672.002 to 672.325. [Amended by 1971 c.753 §29; 1981 c.143 §15]
672.310 Investigation of identity of person claiming to be registered. The State Board of Examiners for Engineering and Land Surveying may inquire into the identity of any person claiming to be a registered professional engineer or a registered professional land surveyor and, after due service of a notice in writing, require the person to prove to the satisfaction of the board that the person is the person authorized to practice engineering or land surveying, as the case may be, under the certificate of registration by virtue of which the person claims to be such a professional. When the board finds that a person making such a claim is not in fact the person to whom the certificate of registration was issued, it shall reduce its findings to writing and file them in its office. The findings are prima facie evidence that the person mentioned therein is falsely impersonating another of a like or different name. [Amended by 1971 c.751 §30]
672.320 [Amended by 1963 c.580 §34; 1971 c.751 §31; repealed by 1971 c.753 §74]
(Civil Penalties)
672.325 Civil penalties. (1) In addition to any other penalty provided by law, any person who violates any provision of ORS 672.002 to 672.325 or any rule adopted thereunder shall forfeit and pay to the State Board of Examiners for Engineering and Land Surveying a civil penalty in an amount determined by the board of not more than $1,000 for each offense.
(2) Civil penalties under this section shall be imposed as provided in ORS 183.090.
(3) Notwithstanding ORS 670.335, civil penalties recovered under this section shall be deposited into an account established by the board as provided in ORS 182.470. Moneys deposited are appropriated continuously to the board and shall be used only for the administration and enforcement of ORS 182.456 to 182.472 and 672.002 to 672.325. [1981 c.150 §2; 1991 c.734 §67; 1997 c.643 §22; 1999 c.1084 §62]
672.330 [Repealed by 1971 c.753 §74]
672.340 [Repealed by 1971 c.751 §39]
672.410 [Amended by 1961 c.550 §1; repealed by 1971 c.751 §39]
672.420 [Amended by 1971 c.751 §7; renumbered 672.025]
672.430 [Repealed by 1971 c.751 §39]
672.440 [Repealed by 1971 c.751 §39]
672.450 [Repealed by 1971 c.751 §39]
672.460 [Repealed by 1971 c.751 §39]
672.470 [Repealed by 1971 c.751 §39]
672.480 [Repealed by 1971 c.751 §39]
672.490 [Repealed by 1971 c.751 §39]
672.500 [Repealed by 1971 c.751 §39]
GEOLOGISTS
(Generally)
672.505 Definitions for ORS 672.505 to 672.705. As used in ORS 672.505 to 672.705, unless the context requires otherwise:
(1) "Administrator" means the office as established by ORS 672.505 to 672.705.
(2) "Board" means State Board of Geologist Examiners.
(4) "Geologist" means a person engaged in the practice of geology.
(5) "Geologist in training" means a person certified by the board as having passed an examination in the geologic subjects and having adequate academic training.
(7) "Public practice of geology" means the performance of geological service or work for the general public. This includes consultation, investigation, surveys, evaluation, planning, mapping, and inspection of geological work, in which the performance is related to public welfare or safeguarding of life, health, property and the environment, except as specifically exempted by ORS 672.505 to 672.705. A person shall be construed to publicly practice or offer to publicly practice geology, within the meaning and intent of ORS 672.505 to 672.705, who practices any branch of the profession of geology; or who by verbal claim, sign, advertisement, letterhead, card, or in any other way purports to be a registered geologist, or through the use of some other title implies that the person is a registered geologist or that the person is registered under ORS 672.505 to 672.705; or who offers to provide any geological services or work recognized as geology for a fee or other compensation.
(8) "Qualified nonregistered geologist" means a person who possesses all the qualifications specified in ORS 672.505 to 672.705 for registration except that the person is not registered in this state.
(9) "Registered certified specialty geologist" means a person who is certified as a specialty geologist under the provisions of ORS 672.505 to 672.705.
(10) "Registered geologist" means a person who is registered as a geologist under the provisions of ORS 672.505 to 672.705.
(12) "Subordinate" means any person who assists a registered geologist in the practice of geology without assuming the responsible charge of work. [1977 c.612 §2; 1981 c.295 §1; 1987 c.414 §48]
672.510 [Amended by 1953 c.98 §2; repealed by 1971 c.751 §39]
672.515 Policy of ORS 672.505 to 672.705. ORS 672.505 to 672.705 is enacted in order to introduce qualifying criteria in a presently unregulated professional field. This action is necessary to safeguard the health and welfare and property of the people of Oregon. These safeguards are in the fields of geology as related to engineering, ground water, land use planning, mineral exploration and development, geologic hazards, the further development of the science of geology, and other geologic matters of concern to the people of the state. [1977 c.612 §1]
672.520 [Repealed by 1971 c.751 §39]
(Certificates)
672.525 Geologist required to be certified or registered. (1) No person, other than a registered geologist, a registered certified specialty geologist or a subordinate under the direction of either, shall provide or prepare for the public practice of geology any geologic maps, plans, reports, or documents except as specifically exempted in ORS 672.535.
(2) No person shall publicly practice or offer to publicly practice geology in this state, and use in connection with the name of the person or otherwise assume or advertise any title or description tending to convey the impression that the person is a geologist, unless such person has been registered or exempted under the provisions of ORS 672.505 to 672.705. The right to engage in the public practice of geology is deemed a personal right, based on the qualifications of the individual as evidenced by the certificate of registration, and shall not be transferable.
(3) No person other than a geologist registered under ORS 672.505 to 672.705 shall stamp or seal any plans, plats, reports, or other documents with the seal or stamp of a registered geologist or registered certified specialty geologist, or to use in any manner the title "geologist" or the title of any registered certified specialty geologist while conducting the public practice of geology unless registered or certified under ORS 672.505 to 672.705.
(4) No person shall sign, or stamp or seal any geologic maps, plans, plats, reports, or other geologic documents after the certification of the registrant named thereon has expired or has been suspended or revoked, unless the certificate has been renewed or reissued.
(5) No person shall attempt to use the certificate of registration or seal of another, or falsely impersonate another registrant.
(6) No person shall give false or forged evidence of any kind to the State Board of Geologist Examiners to obtain a certificate of registration.
(7) No person, including a person registered as a geologist under this section, shall practice or offer to perform any activities of an engineering geologist as defined in ORS 672.505 unless the person is certified as an engineering geologist under ORS 672.565. [1977 c.612 §3; 1995 c.32 §1; 2001 c.232 §1]
672.530 [Repealed by 1971 c.751 §39]
672.535 Exemptions from ORS 672.505 to 672.705. The following persons are exempt from the provisions of ORS 672.505 to 672.705:
(1) Persons engaged in teaching and conducting research in the science of geology in an accredited college or university, and students acting under their direction, but who are not engaged in the public practice of geology in this state;
(2) Officers and employees of the United States of America, practicing solely as such officers or employees; or
(3) A subordinate to a geologist registered under ORS 672.505 to 672.705 insofar as the subordinate acts solely in such capacity. This exemption, however, does not permit any such subordinate to practice geology for others or use the title "registered geologist." [1977 c.612 §4]
672.540 [Repealed by 1971 c.751 §39]
672.545 Practice of geology by proprietorship, partnership or corporation; employment of nonregistered geologist; practice by other professionals; practice by nonresident. (1) ORS 672.505 to 672.705 do not prohibit one or more geologists from practicing through the medium of a sole proprietorship, partnership, or corporation. In a partnership or corporation whose primary activity consists of geological services, at least one partner or officer shall be a registered geologist.
(2) ORS 672.505 to 672.705 do not prevent or prohibit an individual, firm, company, association, or corporation whose principal business is other than the public practice of geology from employing a nonregistered geologist to perform nonpublic geological services necessary to the conduct of their business.
(3) ORS 672.505 to 672.705 shall not be construed to prevent or to affect:
(a) The practice of any licensed profession or trade by limiting its appropriate and current custom or practice including the practice of any profession or trade for which a license or registration is required under any other law of this state including the practice of registered civil and mining engineers lawfully practicing civil and mining engineering in its various specialized branches; or
(b) The practice of geology by a person not a resident of and having no established place of business in this state, when the practice is limited to a specific project and does not exceed one period of 60 consecutive days in any calendar year, and provided the person is licensed or registered to practice such profession in another state where the requirements for certification, registration or licensing are not lower than those specified in ORS 672.505 to 672.705 and provided further that such nonresident shall file with the State Board of Geologist Examiners, on or before entering the state for commencing such work, a statement giving name, residence, the number of the license or certificate of registration of the nonresident, and by what authority issued, and upon the completion of the work, a statement of the time engaged in such work within the state. [1977 c.612 §5]
672.550 [Repealed by 1971 c.751 §39]
(2) To be eligible for a certificate of registration, an applicant shall meet each of the following minimum qualifications:
(a) Have graduated from an accredited college or university with either a major in geology, engineering geology or geological engineering, or related geological sciences; or have completed 45 quarter hours or the equivalent in geological science courses leading to a major in geology, of which at least 36 hours or the equivalent were taken in the third or fourth year, or in graduate courses. The State Board of Geologist Examiners shall waive academic requirements for a person already practicing geology on July 21, 1977, provided application for registration is made not later than one year after appointment of the board, and the applicant can provide evidence to satisfy the board that the applicant is competent to practice public geology.
(b) Have at least seven years of geological work which shall include a minimum of three years of geological work under the supervision of a registered geologist or a minimum of five accumulative years’ experience in responsible charge of geological work. However, prior to the date one year after the appointment of the board, professional geological work shall qualify under this subsection if it is under the supervision of a qualified geologist. The following criteria of education and experience qualify toward accumulation of the required seven years of professional geological work:
(A) Each year of undergraduate study in the geological sciences shall count as one year of training up to a maximum of two years, and each year of graduate study shall count as a year of training up to a maximum of three years.
(B) Total credit for undergraduate and graduate study shall in no event exceed a total of four years toward meeting the requirement for at least seven years of geological work.
(C) The board may consider in lieu of geological work required, the cumulative total of geological work or geological research of persons teaching at the college or university level, provided such work or research is equivalent to the professional requirements specified in this subsection.
(D) The ability of the applicant shall have been demonstrated by having performed the work in a responsible position as determined by the board. The adequacy of the required supervision and experience shall be determined by the board in accordance with standards set forth in rules adopted by it.
(c) Successfully pass such examinations, established by the board, designed to demonstrate that the applicant has the necessary knowledge and skill to exercise the responsibilities of the public practice of geology. The board shall waive the examination requirement for registration as a geologist or certification in a specialty of an applicant who makes a written application to the board not later than one year after appointment of the board and who otherwise meets the qualifications of this subsection.
(3) A certificate of registration as a geologist may be granted to a person who is certified as a "geologist in training" and who has fulfilled the requirements as described in subsection (2)(a) and (c) of this section. [1977 c.612 §§6,7; 1981 c.295 §2]
672.560 [Repealed by 1971 c.751 §39]
(2) An applicant for certification in a specialty shall meet all of the requirements of a registered geologist and such special requirements as the board may establish by regulation, normally including a written examination and, in addition, the applicant’s seven years of geological work shall include one of the following:
(a) A minimum of three years performed under the supervision of a geologist registered and certified in the specialty for which the applicant is seeking certification with the exception on timing noted in ORS 672.555 (2)(b); or
(b) A minimum of five years’ experience in responsible charge of geological work in the specialty for which the applicant is seeking certification.
(3) The board shall establish professional affairs committees, as needed, to represent each of the specialties into which the board determines certification of registration may be divided. Each committee shall establish qualifications, which shall include a written examination, for certification in its specialty, and shall establish a definition of that specialty, subject to approval of the board; and shall advise the board on professional affairs in which the committee is concerned. Membership of each committee shall be made up exclusively of geologists certified or qualified in the particular specialty involved.
(4) Engineering geology shall be one of the specialties requiring certification.
(5) Certification as a geologist in training shall require graduation from an accredited college or university with a major in geology or geological sciences as prescribed under ORS 672.555 (2)(a) and the passing of a written, or written and oral examination on geological subjects. [1977 c.612 §8; 1981 c.295 §3]
672.570 [Repealed by 1971 c.751 §39]
672.575 Examination. The State Board of Geologist Examiners shall determine the scope, form and content of the examinations, provided for under ORS 672.505 to 672.705. [1977 c.612 §9]
672.580 [Repealed by 1971 c.751 §39]
672.585 Certificate of registration; renewal; fee; replacement. (1) The State Board of Geologist Examiners shall issue a certificate of registration, upon payment of the registration fee, to any applicant who, in the opinion of the board, has satisfactorily met all the requirements of ORS 672.505 to 672.705. The issuance of a certificate of registration by the board shall be prima facie evidence that the person named therein is entitled to all the rights and privileges of a registered geologist, or certified specialty geologist, while the certificate remains unrevoked or unexpired.
(2) All certificates shall be renewed annually at such time as will be designated by the board. All applications for renewal shall be filed with the administrator before the expiration date, accompanied by the annual renewal fee. A license which has expired for failure to renew may only be restored after application and payment of the prescribed restoration fee.
(3) Reduced annual renewal fees for registrants reaching the age of 70 may be established by action of the board.
(4) A new certificate of registration to replace any certificate lost, destroyed, or mutilated, may be issued subject to the rules of the board and payment of the fee. [1977 c.612 §11; 1997 c.643 §23]
672.590 [Repealed by 1971 c.734 §21 and 1971 c.751 §39]
672.595 Registration of persons licensed in other jurisdictions. A person who holds a certificate of registration to engage in the practice of geology, or a certificate of specialization, issued to the person by a proper authority of a state, territory, or possession of the United States or the District of Columbia having licensing requirements comparable to Oregon, and who, in the opinion of the State Board of Geologist Examiners otherwise meets the requirements of ORS 672.505 to 672.705 may, upon application, be registered without further examination. [1977 c.612 §10]
672.600 [Repealed by 1971 c.751 §39]
672.605 Seal of geologist. Each registrant, upon issuance of a certificate, shall obtain a seal of the design authorized by the State Board of Geologist Examiners, bearing the registrant’s name and the legend "registered geologist" or "certified specialty geologist." All drawings, reports or other geologic papers or documents involving geologic work as defined in ORS 672.505 to 672.705 that have been prepared or approved by a registered geologist or a subordinate employee under the direction of a registered geologist for the use of or for delivery to any person or for public record within this state shall be signed by the registered geologist and impressed with the seal or the seal of a nonresident practicing under the provisions of ORS 672.505 to 672.705, either of which shall indicate responsibility for them. [1977 c.612 §12; 2001 c.232 §2]
672.610 [Repealed by 1971 c.751 §39]
(State Board)
672.615 State Board of Geologist Examiners; qualifications and appointment; term. (1) The State Board of Geologist Examiners shall operate as a semi-independent state agency subject to ORS 182.456 to 182.472 for the purpose of carrying out ORS 672.505 to 672.705. The board shall consist of four geologists and one public member, appointed by the Governor.
(2) Each member of the board shall be a citizen of the United States, and shall have been a resident of this state for one year preceding appointment. Each of the appointed geologist members of the board shall be a geologist registered under ORS 672.505 to 672.705. The State Geologist shall be an ex officio member of the board. Insofar as possible the board shall be composed of members having diverse geological specialties including at least one engineering geologist.
(3) Members of the board shall hold office until the expiration of the term for which they were appointed and until their successors have been appointed and qualified. On the expiration of the term of any member, the successor of the member shall be appointed in like manner for a term of three years.
(4) No person shall serve as a member of the board for more than two consecutive three-year terms.
(5) The Governor may remove any member of the board for misconduct, incompetency, neglect of duty or other sufficient cause. Vacancies in the membership of the board shall be filled for the unexpired term by appointment as provided for in this section.
(6) The board shall hold at least two regular meetings each year.
(7) The board may fix qualifications of and appoint an administrator who shall not be a member of the board. The board shall fix the compensation of the administrator, who shall be in the unclassified service.
(8) The board shall have the authority to appoint committees as required or as considered advisable to perform such duties as the board may direct. Such committees shall be composed of registered geologists. Membership on all such committees is at the pleasure of the board. [1977 c.612 §13; 1987 c.158 §135; 1987 c.414 §49; 1987 c.454 §1; 1993 c.744 §239; 1997 c.643 §24; 1999 c.1084 §63]
672.620 [Repealed by 1971 c.751 §39]
(2) All official records of the board, or affidavits by the administrator as to the content of such records, shall be prima facie evidence of all matters required to be kept therein.
(3) The administrator shall make available, upon request and payment of actual cost, an annual roster showing the names and addresses of all registered geologists and certified specialists. [1977 c.612 §16; 1987 c.454 §2; 1997 c.107 §1]
672.645 Appeals filed with board; service on administrator. All appeals from a decision of the State Board of Geologist Examiners, all documents or applications required by law to be filed with the board, and any notice or legal process to be served upon the board shall be filed with or served upon the administrator of the board. [1977 c.612 §15]
(Professional Conduct)
672.655 Code of professional conduct. The State Board of Geologist Examiners shall cause to be prepared and shall adopt a code of professional conduct which shall be made known in writing to every registrant and applicant for registration under ORS 672.505 to 672.705. A copy of the code shall be provided to each successful applicant at the time of registration under ORS 672.585. The board may revise and amend this code of ethics from time to time and shall forthwith notify each registrant in writing of such revisions or amendments. [1977 c.612 §17; 1997 c.107 §2]
672.665 Charges against geologist. Any person may prefer charges of fraud, deceit, negligence, gross negligence, incompetence or misconduct against any registrant. Such charges shall be in writing and shall be sworn to by the person or persons making them and shall be filed with the administrator of the State Board of Geologist Examiners. [1977 c.612 §18; 1995 c.154 §1]
(1) The practice of any fraud or deceit in obtaining a certificate of registration;
(2) Any negligence, gross negligence, incompetence or misconduct in the practice of geology as a registered geologist;
(3) Any felony; or
(4) The commission of any unlawful act as set forth in ORS 672.505 to 672.705. [1977 c.612 §19; 1995 c.154 §2; 2001 c.232 §3]
672.685 Reissuance of revoked certificate. The State Board of Geologist Examiners may reissue a certificate of registration to any person whose certificate has been revoked upon written application to the board by the applicant, showing good cause to justify the reissuance. [1977 c.612 §20]
(Civil Penalties)
672.690 Civil penalties. (1) In addition to any other penalty provided by law, a person who violates any provision of ORS 672.515 to 672.705 or any rule adopted thereunder is subject to payment of a civil penalty to the State Board of Geologist Examiners in an amount of not more than $1,000 for each offense.
(2) Civil penalties under this section shall be imposed as provided in ORS 183.090.
(3) Notwithstanding ORS 670.335, all penalties recovered shall be deposited into an account established as provided under ORS 182.470. Moneys deposited are continuously appropriated to the board and shall be used only for the administration and enforcement of ORS 182.456 to 182.472 and 672.505 to 672.705. [1983 c.450 §2; 1987 c.414 §50; 1991 c.734 §68; 1997 c.643 §25; 1999 c.1084 §64]
(Miscellaneous)
672.695 Public agencies required to contract with or for registered geologist. This state and its political subdivisions, such as a county, city or a legally constituted board, district, commission or authority, shall contract for geological services only with persons registered under ORS 672.505 to 672.705 or a firm employing a registered geologist. [1977 c.612 §21]
(1) For examination.
(2) For initial or renewal license.
(3) For initial or renewal certification in a specialty.
(4) For restoration of a license or certificate.
(5) For replacing a lost, destroyed or mutilated license or certificate.
(6) For initial or renewal certification as a geologist in training. [1977 c.612 §14; 1981 c.295 §4; 1995 c.349 §1; 1997 c.643 §26]
CRIMINAL PENALTIES
672.990 [Repealed by 1971 c.751 §39]
672.991 Penalties. (1) Violation of any provision of ORS 672.045 is a Class A misdemeanor.
(2) Notwithstanding ORS 131.105 to 131.155, prosecution for violation of ORS 672.045 may be commenced within two years after discovery of the offense, but in no case shall the period of limitation otherwise applicable be extended by more than 10 years.
(3) Violation of any provision of ORS 672.525 is a Class A misdemeanor. [1971 c.751 §35; subsection (2) enacted as 1977 c.612 §22; 1981 c.150 §3]