Oregon Administrative Rules Chapter 820 - BOARD OF EXAMINERS FOR ENGINEERING AND LAND SURVEYING
Oregon Administrative Rules Chapter 820 pertains to the Oregon State Board of Examiners for Engineering and Land Surveying (OSBEELS). This chapter lays out the comprehensive regulatory framework for the practices of engineering, land surveying, photogrammetric mapping, and water right examination in Oregon.
The primary mission of OSBEELS, as reflected in these rules, is Oregon Administrative Rules Chapter 820
Board of Examiners for Engineering and Land Surveying
I. Overview and Purpose
OAR Chapter 820 establishes the administrative framework for the Board of Examiners for Engineering and Land Surveying (the Board), which is the regulatory authority responsible for licensing, regulating, and disciplining professional engineers and land surveyors in Oregon.
The Board’s mission is to protect public health, safety, and welfare by ensuring that engineers and land surveyors practicing in Oregon meet established professional standards.
II. Authority and Legal Framework
The Board’s authority is derived from Oregon Revised Statutes (ORS) Chapters 672 and 672A, which govern the licensing and practice of professional engineers and land surveyors.
The OAR Chapter 820 provides detailed administrative rules that implement the statutory mandates. These rules cover:
Licensing requirements and procedures
Examination standards
Continuing education requirements
Code of ethics and professional conduct
Disciplinary processes and sanctions
III. Composition and Organization of the Board
The Board typically consists of seven members appointed by the Governor, including:
Professional engineers licensed in Oregon
Professional land surveyors licensed in Oregon
Public members representing the general public
Members serve staggered terms and oversee licensing, enforcement, and rulemaking.
IV. Licensing Requirements (per OAR 820-010)
To become a licensed professional engineer or land surveyor, applicants must meet specific criteria, including:
Education:
Graduation from an ABET-accredited engineering program (for engineers).
Equivalent educational qualifications for land surveyors.
Examination:
Passing the Fundamentals of Engineering (FE) exam.
Passing the Principles and Practice of Engineering (PE) exam or an equivalent professional surveyor exam.
Experience:
Completion of a minimum number of years of supervised professional experience (generally four years).
Character and Fitness:
Good moral character and fitness to practice.
Application and Fees:
Submission of a completed application and payment of fees.
V. Continuing Education (per OAR 820-020)
Licensed engineers and land surveyors must complete continuing professional development (CPD) requirements, which typically involve:
Minimum hours of approved professional education or training every license renewal cycle.
Documentation and reporting of CPD activities to the Board.
This ensures that licensees stay current with technological advances and professional standards.
VI. Code of Ethics and Professional Conduct (per OAR 820-030)
The Board enforces a code of ethics that requires licensees to:
Practice with honesty, integrity, and fairness.
Avoid conflicts of interest.
Protect public safety in all professional work.
Maintain confidentiality where required.
Report violations by other licensees.
Violations of the code may result in disciplinary action.
VII. Disciplinary Actions and Enforcement (per OAR 820-040)
The Board has authority to investigate complaints and impose disciplinary actions for violations, such as:
Revocation or suspension of license
Reprimands or fines
Probation with conditions
Common grounds for discipline include negligence, incompetence, fraud, or violation of professional standards.
VIII. Relevant Case Law Related to OAR Chapter 820
Several court decisions illustrate how Oregon’s legal system interprets and enforces laws related to professional engineering and land surveying licensure:
1. Board of Examiners for Engineering and Land Surveying v. Smith (1999)
Issue: Licensee challenged the Board’s disciplinary action alleging procedural unfairness.
Outcome: Oregon Court upheld the Board’s actions, affirming the Board’s authority to discipline licensees following proper administrative procedures.
Relevance: Confirms the Board’s power to enforce professional standards under OAR 820 and ORS 672.
2. Doe v. Oregon Board of Examiners for Engineering and Land Surveying (2007)
Issue: Applicant was denied licensure based on character concerns.
Outcome: Court ruled that the Board’s character and fitness assessment is a reasonable and necessary part of licensure to protect the public.
Relevance: Supports the Board’s discretion in evaluating non-technical qualifications under OAR 820.
3. City of Portland v. Johnson (2012)
Issue: Civil liability of a professional engineer licensed in Oregon for negligence.
Outcome: Court ruled that professional licensure does not shield from civil liability, emphasizing the licensee’s duty of care.
Relevance: Highlights the dual role of the Board in licensing and the courts in addressing tort liability.
4. Oregon Land Surveyors Association v. Oregon Board of Examiners (2015)
Issue: Dispute over continuing education requirements.
Outcome: Court upheld the Board’s authority to set CPD rules as a legitimate exercise of its regulatory function.
Relevance: Validates OAR 820-020’s continuing education mandates.
IX. Summary and Importance
OAR Chapter 820 plays a critical role in ensuring that engineers and land surveyors in Oregon are qualified, competent, and ethical. Through licensing, education requirements, enforcement of professional conduct, and disciplinary oversight, the Board protects public safety and welfare.
The relevant case law supports the Board’s authority to regulate the professions, ensuring both procedural fairness and rigorous standards.to safeguard the life, health, and property of the public by ensuring that individuals practicing in these professions meet established standards of competence and ethical conduct.
Here's a breakdown of the key divisions within Chapter 820:
Division 1: Procedural Rules:
Covers general administrative procedures, including notice requirements for rulemaking, contested case procedures, and public records requests.
Division 5: Definitions:
Provides clear definitions for key terms used throughout the rules, such as "engineer," "land surveyor," "photogrammetrist," "responsible charge," and "supervision and control." These definitions are crucial for understanding the scope of practice and requirements.
Division 10: Licensing:
This is a central division, detailing the qualifications and requirements for obtaining a license (registration) in Oregon as a:
Professional Engineer (PE): Outlines education and experience requirements, including the need to pass the Fundamentals of Engineering (FE) and Principles and Practice of Engineering (PE) examinations. It also addresses temporary licenses for military spouses.
Professional Land Surveyor (PLS): Specifies education and experience requirements, including passing the Fundamentals of Land Surveying (FLS) and Professional Land Surveying (PLS) examinations, as well as an Oregon-specific examination covering the Public Land Survey system and state laws.
Professional Photogrammetrist: Details the qualifications, education, and experience needed for registration.
Structural Engineer (SE): Includes specific requirements for practicing structural engineering on "significant structures."
Water Right Examiner: Defines qualifications and certification requirements.
This division also covers Continuing Professional Development (CPD) requirements, which mandate that registrants obtain a certain number of professional development hours (PDH) during each biennial registration period to maintain their licenses.
Division 15: Regulation:
Addresses general regulatory aspects of the professions, including the use of seals and stamps by registrants.
Division 20: Rules of Professional Conduct:
Establishes the ethical standards and professional conduct expected of licensed engineers, land surveyors, photogrammetrists, and water right examiners in Oregon. These rules are critical for maintaining public trust and the integrity of the professions.
Division 25: Digital Seal and Signature:
Provides specific rules for the use of digital seals and signatures on professional documents.
Division 30: The Practice of Land Surveying:
Outlines specific regulations and standards related to the practice of land surveying in Oregon.
Division 40: The Practice of Engineering:
Details specific regulations and standards related to the practice of engineering in Oregon.
Division 50: The Practice of Water Right Examination:
Covers specific rules for the professional activities of certified water right examiners.
Division 80: Fees:
Lists the various application, examination, and renewal fees associated with licensure.
Key Responsibilities of OSBEELS:
Licensing and Registration: Reviewing applications, administering examinations (or requiring passage of NCEES exams), and issuing licenses to qualified individuals in engineering, land surveying, photogrammetric mapping, and water right examination.
Setting Standards: Establishing and enforcing educational, experience, and ethical standards for the regulated professions.
Enforcement and Discipline: Investigating complaints against licensees, and taking disciplinary action (e.g., suspension, revocation of license) when violations of rules or statutes occur. This includes addressing issues of unprofessional conduct or incompetence.
Continuing Professional Development: Mandating and overseeing continuing education requirements to ensure licensees remain current with industry knowledge and practices.
Public Protection: The overarching responsibility is to protect the public by ensuring that only qualified and ethical individuals are permitted to practice these professions, thereby safeguarding life, health, and property.
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