Current through Register Vol. 63, No. 9, September 1, 2024
(1)
"Complaint" is any issue related to compliance with the statutes and rules the
Board administers or enforces in ORS
672.505 to
675.705 and OAR Chapter 809,
including but not limited to: the public practice of geology or offer to
publicly practice geology by an unregistered person and the alleged or apparent
non-compliant conduct or practice of a registrant that comes to the attention
of the Board by any means, including through the filing of a written complaint
as provided in ORS 672.665. A complaint may be
initiated by the Board or its designee.
(2) "Complainant" refers to the person or
group of persons filing a written complaint with the Board or the Board itself
in a Board-initiated complaint.
(3) "Investigation" is the process of Board
review, inquiry, research, analysis, and determination of a complaint.
(4) "Respondent" refers to a
person who is the subject of a Board investigation.
(5) Complaint Investigation Process:
(a) The primary objectives of the Board in
the investigation of a complaint are to safeguard the health, safety, welfare,
and property of the people of Oregon and regulate the public practice of
geology. The primary purpose of investigation is to determine whether one or
more violations of statutes and rules administered by the Board occurred and to
take action where appropriate.
(b)
For complaints that are not Board initiated, the following apply:
(A) The complaint must be in writing and
sworn to, where sworn to means the complainant declares by signature under
penalty of perjury that the statements and information in the complaint are
believed to be true;
(B) Receipt
of all complaints filed with the Board will be acknowledged by the Board staff;
(C) The complainant will not be
considered a party to the case; and
(D) The complaint will be initially reviewed
by the Board Administrator to assess Board jurisdiction and authority to
address the issue(s) raised.
(i) If the
complaint appears to the Board Administrator to be within the Board's
jurisdiction and authority, an investigation may be opened by the Board
Administrator.
(ii) If the Board
Administrator is unsure whether the complaint is within the Board's
jurisdiction and authority, the complaint will be taken to the Board for a
determination of whether to open an investigation.
(c) For all investigations, the
Board Administrator oversees the investigation process on behalf of the Board
and serves as the primary point of contact.
(d) The Board may delegate its investigative
powers and authority for purposes of initiating and carrying out
investigations.
(e) The Board
Administrator or Administrator's designee will carry out the recommendations or
decisions of the Board, including but not limited to: preparing and signing
documents such as requests for additional information, letters of concern,
settlement proposals, notices of intent, and orders, securing technical
reviewers and investigators to assist with investigations, and closing out
cases.
(f) To the extent permitted
by law, the Board will cooperate with other licensing boards and other agencies
when conducting an investigation.
(6) Response to the Board:
(a) The respondent will generally be given an
opportunity to provide a written response to the complaint as part of a Board
investigation.
(b) Written
response, records, or other information requested on behalf of the Board must
be provided to the Board office within 21 calendar days after the Board request
is mailed, unless an extension is authorized by the Board Administrator.
(A) For a registrant, mailed means sent via
United States post with proper postage and addressed to the registrant's
address of record on file with the Board.
(B) For a non-registrant, mailed means sent
via United States post with proper postage and sent to the last known address
in the Board's case file.
(c) A registrant of the Board must fully
cooperate with a Board investigation, including but not limited to providing a
timely response to any Board request under (6)(a) and (b). A registrant's
failure to cooperate constitutes misconduct under OAR 809-020-0030.
Stat. Auth.: ORS
670.310(1),
670.315,
672.665,
672.675
Stats. Implemented: 672.665,
672.675
