Oregon Administrative Rules Chapter 877 - BOARD OF LICENSED SOCIAL WORKERS
Oregon Administrative Rules Chapter 877 – Board of Licensed Social Workers
1. Overview
Purpose: The rules implement Oregon’s statutory framework for regulating licensed social workers to ensure competent and ethical practice.
Scope: Applies to all licensed social workers (LSWs), licensed clinical social workers (LCSWs), and social work associates (LSWAs) in Oregon.
Authority: The Board of Licensed Social Workers administers licensing, examinations, renewals, continuing education, and disciplinary actions.
2. Key Areas Covered in OAR Chapter 877
a) Licensing Requirements
Educational qualifications.
Supervised practice hours for clinical licensure.
Examination requirements.
Renewal procedures.
b) Standards of Professional Conduct
Ethical guidelines.
Confidentiality obligations.
Duty to clients and public.
c) Continuing Education
Required hours and topics.
Documentation and reporting.
d) Disciplinary Procedures
Grounds for discipline (e.g., fraud, incompetence, unethical behavior).
Investigation and hearing processes.
Sanctions (reprimand, suspension, revocation).
e) Administrative Processes
Application processes.
Fee structures.
Record-keeping.
3. General Administrative Law Principles Relevant to OAR Chapter 877
a) Due Process in Disciplinary Actions
Licensees are entitled to notice and an opportunity to be heard before disciplinary action.
Administrative hearings must be conducted fairly.
b) Scope of Board’s Authority
The Board acts within statutory and rule-based authority.
Actions must not be arbitrary or capricious.
c) Standard of Review
Courts reviewing Board decisions generally defer to the agency’s expertise unless there is a legal error or abuse of discretion.
4. Relevant Case Law Principles (General Administrative and Licensing Law)
a) License Revocation and Due Process
Example Principle: A licensed professional cannot have their license revoked without adequate notice and fair hearing.
Case Law: Courts consistently uphold that administrative agencies must follow procedural fairness in disciplinary matters (e.g., hearing rights, evidence standards).
b) Scope of Professional Board’s Authority
Boards have broad discretion to set professional standards and discipline but must act within legal limits.
Courts may overturn decisions if they exceed authority or violate fundamental rights.
c) Reliance on Expert Evidence
Boards rely on expert testimony and professional standards.
Courts give deference to agency expertise on technical matters.
5. Hypothetical Example Applying These Principles
If a licensed social worker in Oregon is accused of unethical conduct, the Board under OAR 877 investigates.
The social worker receives notice and a hearing opportunity.
If found violating conduct standards, the Board may suspend or revoke the license.
If the licensee appeals, a court reviews whether the Board followed due process and acted within its authority.
6. Summary
| Topic | Explanation |
|---|---|
| Licensing | Requirements for obtaining and maintaining social work licenses. |
| Conduct Standards | Ethical duties and professional behavior required. |
| Discipline | Grounds and procedures for disciplining licensees. |
| Due Process | Right to fair hearing before license actions. |
| Judicial Review | Courts defer to Board expertise but check for legal compliance. |
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