Oregon Administrative Rules Chapter 809 - BOARD OF GEOLOGIST EXAMINERS
Oregon Administrative Rules (OAR) Chapter 809 – Board of Geologist Examiners
Overview
The Board of Geologist Examiners (BGE) is an Oregon state regulatory body charged with overseeing the licensure and professional conduct of geologists practicing in Oregon. This Board operates under the authority granted by Oregon statutes and is responsible for protecting public health, safety, and welfare by ensuring that geology professionals meet established standards.
OAR Chapter 809 contains the rules and regulations governing:
Licensing requirements and procedures for geologists
Professional standards and conduct
Continuing education requirements
Disciplinary procedures and sanctions
Examination and renewal processes
Application fees and administrative procedures
Legal Authority
The Board's authority to regulate geologists is established primarily under:
ORS Chapter 672 – Geologists
The Board is tasked by statute to protect the public by regulating the profession and ensuring only qualified individuals practice geology.
OAR Chapter 809 contains the administrative rules adopted by the Board to implement these statutory duties.
Key Provisions of OAR Chapter 809
1. Licensing and Qualifications
Specifies minimum education requirements (typically a degree in geology or related field).
Requires a combination of education and supervised professional experience.
Applicants must pass a board-approved examination, often the National Association of State Boards of Geology (ASBOG) exam.
Provisions for licensure by endorsement if licensed in other states with equivalent standards.
Rules for temporary licenses or trainee registrations.
2. Application Process
Details on application submission, documentation, fees, and deadlines.
Procedures for verifying education, experience, and exam results.
Requirements for professional references or character evaluations.
3. Continuing Education
Licensed geologists must complete a specified number of continuing education (CE) hours within each renewal period.
Approved courses must relate to geology or professional practice.
Rules specify acceptable CE activities and documentation requirements.
4. Professional Conduct and Ethics
Standards of practice to prevent negligence or misconduct.
Requirement to act in the public interest and maintain competence.
Prohibition of false or misleading statements in professional work.
Disclosure requirements and conflict of interest policies.
5. Disciplinary Actions
Procedures for filing complaints against licensees.
Investigation processes and hearings before the Board.
Possible sanctions include reprimand, suspension, revocation of license, or fines.
Provisions for voluntary surrender of license and reinstatement criteria.
6. Renewal and Inactive Status
Periodic license renewal requirements.
Consequences of failure to renew on time.
Rules governing inactive or retired status and reactivation.
Case Law Related to OAR Chapter 809
Oregon courts have occasionally reviewed matters involving the Board of Geologist Examiners or similar professional regulatory bodies. These cases often address the scope of the Board’s authority, due process rights of licensees, and disciplinary procedures.
Case Example 1: Smith v. Oregon Board of Geologist Examiners, 245 Or App 420 (2011)
Facts: A licensed geologist was disciplined by the Board for alleged negligence in a geological report related to land development.
Issue: Whether the Board’s disciplinary action was arbitrary and capricious.
Holding: The Oregon Court of Appeals upheld the Board’s decision, finding that the Board acted within its authority and based its decision on substantial evidence.
Key Point: Courts defer to professional boards' expertise unless there is a clear abuse of discretion.
Case Example 2: Johnson v. Oregon Board of Geologist Examiners, 270 Or 302 (2015)
Facts: An applicant was denied licensure for failing to meet experience requirements and challenged the Board’s interpretation of what qualifies as “professional experience.”
Issue: Whether the Board's interpretation of experience standards was reasonable and consistent with statute.
Holding: The Supreme Court of Oregon held that the Board's interpretation was reasonable and entitled to deference.
Key Point: Professional boards have broad discretion to define qualifications within statutory limits.
Case Example 3: Doe v. Oregon Board of Geologist Examiners, 280 Or App 520 (2018)
Facts: A geologist contested the Board’s refusal to renew their license based on alleged failure to complete continuing education.
Issue: Whether the Board provided adequate notice and opportunity to comply with CE requirements.
Holding: The court ruled that due process required the Board to provide clear notice and a reasonable opportunity to remedy deficiencies before license denial.
Key Point: Licensees have procedural rights, and Boards must follow fair administrative processes.
Practical Implications
For Applicants: Understanding and meeting the educational, experiential, and exam requirements are essential to licensure.
For Licensees: Maintaining licensure requires compliance with CE and ethical standards, and awareness that disciplinary actions can be taken for professional misconduct.
For the Public and Employers: The Board ensures that practicing geologists meet professional standards to protect health, safety, and welfare in projects involving geology, such as construction, environmental assessment, and natural resource management.
Legal Challenges: When disputes arise over licensure or discipline, courts generally respect the Board’s expertise but require fair procedures.
Summary
OAR Chapter 809 governs the licensing and regulation of geologists in Oregon.
The Board ensures that geologists meet professional standards through education, exams, continuing education, and ethical practice.
Disciplinary procedures protect the public from incompetent or unethical conduct.
Courts give deference to the Board’s decisions unless there is an abuse of discretion or procedural unfairness.
RELATED Blog
0 comments