Current through Register Vol. 63, No. 9, September 1, 2024
(1) Failure to act in the public interest in
the performance of their duties in accordance with ORS
455.740 shall include, but not
be limited to:
(a) Providing or having
knowledge of, false education, work experience or documentation being used to
meet certification or continuing education requirements, or during the
examination, using unauthorized notes, examinations or examination answers at
an examination, copying from another, allowing another to copy or otherwise use
unauthorized methods to gain an advantage or give another person an advantage
during an examination;
(b) Failing
to complete continuing education requirements;
(c) Permitting, allowing or performing plan
reviews or inspections without proper certification;
(d) Engaging in a pattern that fails to
enforce the specialty code, including statewide code interpretations,
site-specific interpretations, directives or other building program
requirements and failure to allow the use of alternate method rulings;
(e) After notification, engaging
in a pattern of requiring construction or installations to exceed the
requirements of the specialty codes, unless otherwise specified by the
designer(s);
(f) Requiring an
individual to approve structures or installations that do not comply with the
specialty codes;
(g) Failing to
properly perform inspections or plan reviews;
(h) Engages in unprofessional behavior; or
(i) Any other activity prejudicial
to the administration and enforcement of the state building code.
(2) Upon a finding of a violation
of section (1) of this rule, the director may, in accordance with the
requirements of ORS Chapter 183, place conditions on a certification in lieu of
suspension or revocation.
(3) In
determining the appropriate sanction any applicable factors shall be taken into
account, including, but not limited to:
(a)
Prior history of violations;
(b)
Extent to which corrective action was taken; and
(c) The element of risk or danger to any
person caused by the violation.
(4) A person sanctioned under this rule may
re-apply for a certification provided the person waits the specified time
period as stated below:
(a) A minimum of one
year from the date an application was denied;
(b) A minimum of one year from the date a
final order was signed; or
(c) A
date specified in a final order.
Stat. Auth.: ORS
455.740
Stat. Implemented.: ORS
455.740
