DIVISION 55
COMPLIANCE
809-055-0000
Complaint Process
(1) "Complaint" is an issue brought to the attention of the Board that may or may not result in formal charges as provided in ORS 672.665.
(2) "Respondent" refers to a person or firm against whom a complaint has been made to the Board.
(3) The primary objective of the Board is to safeguard the health, welfare, and property of the people of Oregon. The Board processes complaints as follows:
(a) The Board maintains a Compliance Committee, at a minimum consisting of the Board’s Public Member as Chair and the Board’s Administrator. All complaints received by the Board will be referred to this Compliance Committee.
(b) Complaints must be in writing, sworn to, and signed prior to submission to the Board.
(c) Receipt of all complaints will be acknowledged by the Board staff.
(d) The complainant will not be considered a party to the case.
(e) The Compliance Committee will present the investigation results during a Board meeting.
(4) Complaints will be processed as follows:
(a) A preliminary review of the complaint will be made by the Compliance Committee.
(A) The Committee may consult with a member of the Board.
(B) The Committee may seek the services of one or more technical reviewers to assist in evaluating the complaint.
(b) If the Committee concludes that the complaint may have validity, it will notify the respondent of the allegations by mail and request written comments.
(A) Written comments and information must be provided to the Compliance Committee within 21 days after the notification is mailed by certified or registered mail, unless an extension is authorized.
(B) After the 21 days, the Compliance Committee will evaluate the complaint using available evidence including any documentation or comments received from the respondent, Board investigators, technical reviewers, Board staff, and the Board’s counsel.
(c) The Compliance Committee will make a recommendation during a Board meeting.
(5) The Board will make the final decisions on all cases.
Stat. Auth.: ORS 670.310(1),
672.615(8) & 672.665
Stats.
Implemented:
Hist.:
GE 2-1992, f. 9-30-92, cert. ef. 10-1-92; BGE 1-2000, f. & cert. ef. 8-3-00;
BGE 2-2000, f. & cert. ef. 11-17-00; BGE 1-2002, f. & cert. ef. 2-6-02,
Renumbered from 809-050-0040; BGE 2-2009, f. & cert. ef. 12-11-09
809-055-0010
Contested Case Proceedings
The State Board of Geologist Examiners adopts the Attorney General's Model Rules for Contested Case Proceedings, OAR 137-003-0501 to 137-003-0700, as the rules of procedure for contested cases.
Stat. Auth.: ORS 183.341
& ORS 670.310(1)
Stats. Implemented: ORS 183.310 - ORS 183.550 & 670.325
Hist.: BGE 1-2002, f. & cert. ef. 2-6-02
809-055-0020
Contested Case Procedure
(1) A hearing request shall be made in writing to the Board by the party or his/her representative within 30 days of the mailing date of the Notice of Proposed Action.
(2) Each request for hearing must include an answer containing:
(a) An admission or denial of each factual matter alleged in the notice; and
(b) A short and plain statement of each relevant affirmative defense the party may have.
Stat. Auth.: ORS 183.341
& ORS 670.310(1)
Stats. Implemented: ORS 183.310 - 183.550 & ORS 670.325
Hist.: BGE 1-2002, f. & cert. ef. 2-6-02
Alphabetical Index by Agency Name
Numerical Index by OAR Chapter Number
Search the Text of the OARs
Questions about Administrative Rules?
Link to the Oregon Revised Statutes (ORS)
Return to Oregon State Archives Home Page