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BOARD OF EXAMINERS FOR ENGINEERING AND LAND SURVEYING

 

DIVISION 1
PROCEDURAL RULES

820-001-0000
Rule Changes
Before permanently adopting, amending, or repealing any rule, the Oregon Board of Examiners for Engineering and Land Surveying will give notice of the intended action:
(1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least twenty-one (21) days prior to the effective date.
(2) By mailing or electronic mailing a copy of the notice to persons on the agency's mailing list established pursuant to ORS 183.335(8) at least twenty-eight (28) days before the effective date of the rule.
(3) By mailing or electronic mailing a copy of the notice to the legislators specified in ORS 183.335(15) at least forty-nine (49) days before the effective date of the rule; and
(4) By mailing, electronic mailing, or furnishing a copy of the notice to:
(a) Publications:
(A) The Associated Press; and
(B) Portland Business Today.
(b) State Societies:
(A) American Council of Engineering Companies of Oregon;
(B) Professional Engineers of Oregon;
(C) Professional Land Surveyors of Oregon;
(D) Structural Engineers Association of Oregon; and
(E) Oregon Association of County Engineers and Surveyors.
(c) Local branches and chapters of the national societies listed below:
(A) American Society of Heating, Refrigeration, and Air Conditioning Engineers;
(B) American Institute of Industrial Engineers;
(C) American Society of Civil Engineers;
(D) American Society of Mechanical Engineers;
(E) Institute of Electrical and Electronic Engineers;
(F) Illuminating Engineers Society;
(G) American Institute of Chemical Engineers; and
(H) International Society of Automation
(d) Colleges, universities and community colleges within the State with an engineering and/or land surveying degree program.
(e) Capitol Press Room.
(5) The agency may update the mailing list described in section (2) of this rule annually by requesting persons to confirm that they wish to remain on the mailing list. If a person does not respond to a request for confirmation within twenty-eight (28) days of the date that the agency sends the request, the agency will remove the person from the mailing list. Any person removed from the mailing list will be immediately returned to the mailing list upon request, provided that the person provides a mailing address or electronic mailing address to which notice may be sent.
Stat. Auth.: ORS 670.310 & 672.255

Stats. Implemented: ORS 672.002 - 672.325

Hist.: EE 18, f. & ef. 1-13-76; EE 1-1981, f. 5-19-81, ef. 6-1-81; EE 2-1985, f. 12-4-85, ef. 12-16-85; EE 1-1995, f. 8-15-95, cert. ef. 9-1-95; BEELS 1-1998, f. & cert. ef. 2-10-98; BEELS 2-2004, f. & cert. ef. 7-14-04; BEELS 1-2006(Temp), f. & cert. ef. 6-23-06 thru 12-12-06; BEELS 2-2006, f. & cert. ef. 11-21-06; BEELS 1-2010, f. & cert. ef. 5-12-10
820-001-0005
Contested Cases
Pursuant to ORS 183.341, the Board of Examiners for Engineering and Land Surveying adopts the current version of the Attorney General's Model Rules of Procedure under the Administrative Procedure Act.
Stat. Auth.: ORS 670.310 & ORS 672.255

Stats. Implemented: ORS 672.002 - ORS 672.325

Hist.: EE 12, f. 11-2-71, ef. 11-15-71; EE 13, f. 3-29-72, ef. 4-15-72; EE 15, f. 11-21-73, ef. 12-11-73; EE 19, f. 3-3-76, ef. 3-5-76; Renumbered from 820-010-0800; EE 1-1978, f. 4-19-78, ef. 5-1-78; EE 1-1980, f. & ef. 5-14-80; EE 3-1981, f. & ef. 12-14-81; EE 1-1984, f. & ef. 3-6-84; EE 1-1994, f. & cert . ef. 2-11-94; EE 1-1995, f. 8-15-95, cert. ef. 9-1-95; EE 1-1996, f. & cert. ef. 8-30-96; BEELS 1-1998, f. & cert. ef. 2-10-98
820-001-0010
Requiring an Answer to Charges as Part of Notices to Parties in Contested Cases
In addition to the notice requirements under the Attorney General's Model Rules of Procedure under OAR 820-001-0005, the Notice to Parties in Contested Cases may include the statement that an answer to the assertions or charges will be required, and if so, the consequence of failure to answer. A statement of the consequences of failure to answer may be satisfied by enclosing a copy of 820-001-0015 with the notice.
Stat. Auth.: ORS 670 & ORS 672
Stats. Implemented:

Hist.: EE 2-1983, f. 2-28-83, ef. 3-1-83
820-001-0015
Hearing Request and Answers: Consequences of Failure to Answer
(1) A hearing request,
and answer when required, shall be made in writing to the Board by the party or
the party’s attorney.
(2) An answer
shall be made in writing to the Board with any request for a hearing on a matter
related to the following categories of cases where the proposed violation(s) involves
allegations of:
(a) Examination
subversion or irregularities;
(b) Denials
of enrollments, certificates or registrations due to lack of education or experience;
(c) Right
of entry violations under ORS 672.047;
(d) Violations
of rules and statutes relating to professional conduct;
(e) Negligence,
gross negligence or incompetence;
(f) Stamping
or signing work that was not performed under the Registrant’s supervision
and control; or
(g) Unlicensed
practice of engineering, land surveying or photogrammetry.
(3) The answer
shall include the following:
(a) An admission
or denial of each factual matter alleged in the notice; and
(b) A short,
concise statement of each relevant affirmative defense the party may have.
(4) When
an answer is required:
(a) Factual
matters alleged in the notice and not denied in the answer shall be presumed admitted;
(b) Failure
to raise a particular defense in the answer will be considered a waiver of such
defense;
(c) New matters
alleged in the answer (affirmative defenses) shall be presumed to be denied by the
agency; and
(d) Evidence
shall not be taken on any issue not raised in the notice and the answer.
(5) When
an answer is required, the party or party’s attorney may amend the response
and answer, but no later than 10 days before the scheduled contested case hearing.
Stat. Auth.: ORS
670.310 & 672.255

Stats. Implemented:
ORS 672.002 - 672.325

Hist.: EE
2-1983, f. 2-28-83, ef. 3-1-83; BEELS 1-1998, f. & cert. ef. 2-10-98; BEELS
4-2012, f. & cert. ef. 9-14-12
820-001-0020
Fees for Public Records and Publications
(1) All requests for copies of public
records pertaining to the Oregon State Board of Examiners for Engineering and Land
Surveying, shall be submitted in writing, electronic mail, or by completion of the
Public Records Request form provided by the Board. Requests are subject to disclosure
according to the Public Records Law, ORS Chapter 192.
(2) The Board may charge
a fee reasonably calculated for costs of providing and conveying copies of public
records. Fees shall not exceed the cost of locating, compiling, making available
for inspection, preparing copy in paper, audio, computer disk, and delivering public
records. All estimated fees and charges must be paid before public records will
be made available for inspection or copies provided.
(3) The Board shall notify
a requestor of the estimated costs of making records available for inspection or
providing copies of records to the requestor. If the estimated costs exceed $25,
the Board shall provide written notice and shall not act further to respond to the
request unless and until the requestor confirms that the requestor wants the Board
to proceed with making the public records available.
(4) The Board shall charge
25¢ per page for the first 20 pages and 15¢ per page thereafter to cover
the costs of photocopying or scanning and normal and reasonable staff time to locate,
separate, photocopy, or scan and return document(s) to file and to prepare and transmit
public record(s) to requestors. If, for operational or other reasons, the Board
uses the services of an outside facility to photocopy or scan requested records,
the Board shall charge the actual costs incurred.
(5) "Page" refers to the
number of copies produced. Staff will not reduce the copy size or otherwise manipulate
records in order to fit additional records on a page, unless staff concludes that
it would be the most effective use of their time. Consistent with ORS 192.240, all
copies will be double-sided. A double-sided copy will be charged as two single pages.
(6) Additional charges for
staff time may be made when responding to record requests that staff determines
to require more than the normal and reasonable time for responding to routine record
requests. Staff time shall be charged at $30 per hour, with a $7.50 minimum.
(7) The Board shall charge
$50 for a listing that contains registrants, certificate holders, and interns registered
with the Board. Requests for formatting data will be charged as per subsection (6)
of this rule.
(8) Actual costs for delivery
of records such as first class postage and courier fees.
(9) The Board shall charge
$20 for certified copies.
(10) The Board shall charge
$10 for compact discs containing requests.
(11) The Board shall charge
$5 for each audio record transmitted by email.
(12) The Board shall charge
actual attorney fees for the cost of time spent by the attorney in reviewing the
public records request for compliance with disclosure exemptions contained in ORS
Chapter 192.
Stat. Auth.: ORS 670.310 & 672.255
Stats. Implemented: ORS 672.002
- 672.325
Hist.: BEELS 2-2004, f. &
cert. ef. 7-14-04; BEELS 2-2006, f. & cert. ef. 11-21-06; BEELS 6-2013, f. &
cert. ef. 9-11-13; BEELS 7-2013(Temp); f. & cert. ef. 11-12-13 thru 5-9-14;
BEELS 10-2013(Temp), f. & cert. ef. 12-5-13 thru 3-14-14; BEELS 2-2014, f. &
cert. ef. 2-26-14
820-001-0025
Purchasing and Contracting
For personal services consultant contracts
with professional engineers, professional land surveyors, and registered professional
photogrammetrists, the Board shall:
(1) Solicit Requests for
Qualifications from no fewer than three consultants when feasible;
(2) Select consultants to
provide engineering, land surveying or photogrammetric mapping services on the basis
of the consultants’ qualifications for the type of professional service required;
(3) Solicit or use pricing
policies and proposals or other pricing information, including the number of hours
proposed for the service required, expenses, hourly rates and overhead, to determine
consultant compensation only after the Board has selected a candidate pursuant to
section (2) of this rule.
Stat. Auth.: ORS 670.310 & 672.255
Stats. Implemented: ORS 672.002
- 672.325
Hist.: BEELS 1-2013, f. &
cert. ef. 3-13-13; BEELS 10-2013(Temp), f. & cert. ef. 12-5-13 thru 3-14-14;
BEELS 2-2014, f. & cert. ef. 2-26-14
820-001-0030
Source Selection
(1) The Agency may award a procurement
of goods or services, including personal services of persons who are not registrants
of the Board, that does not exceed $10,000 in any manner the deems practical or
convenient, including by direct selection or award.
(2) The Agency may award
a procurement of goods or services, including personal services of persons who are
not registrants of the Board, that exceeds $10,000 but does not exceed $150,000
after seeking at least three informally solicited competitive price quotes or competitive
proposals from prospective contractors, if three quotes or proposals are reasonably
available. The Agency shall keep a written record of the quotes or proposals received,
and of the Agency’s effort to obtain quotes or proposals when three quotes
or proposals are not reasonably available.
(3) The Agency shall solicit
and may award a contract by requesting and evaluating competitive proposals for
procurement of:
(a) Goods or services, including
personal services of persons who are not registrants of the Agency, that exceed
$150,000; and
(b) Information technology,
regardless of the amount of the award for:
(A) Personal services contracts;
or
(B) Goods requiring professional
services to install or use;
(c) Accounting, financial
audit, or financial review services, regardless of the amount of the award,
(4) Any request for proposals
issued under subsection (3) of this rule shall:
(a) Specify a time and date
by which proposals must be received, the Agency contact person for the proposals,
and a place at which the proposals must be submitted, which may include a Agency
electronic mail address;
(b) Describe the procurement,
including a statement of work for the procurement and any prerequisites the contractor
must meet;
(c) Include all contractual
terms;
(d) State that the Agency
may cancel the procurement or reject and all proposals; and
(e) Announce the method the
Agency will use to select the contractor and describe the manner in which the Agency
will evaluate the proposals, which may include an award based solely on the ranking
of proposals, discussions leading to best and final offers, serial negotiations,
and competitive simultaneous negotiations.
(5) The Board shall give
public notice of any request for proposal issued under subsection (3) of this rule.
A public notice must be published electronically on the Board’s website, and
may be published in additional venues at the discretion of the Board or Administrator.
(6) The Agency shall keep
a written record of the proposals received under subsection (3) of this rule.
(7) Notwithstanding subsections
(1) to (3) of this rule, any procurement over $10,000 must be approved by the Board
prior to selection of the contractor and execution of the contract.
Stat. Auth.: ORS 670.310 & 672.255
Stats. Implemented: ORS 672.002
- 672.325
Hist.: BEELS 3-2014, f. &
cert. ef. 7-16-14
820-001-0035
Notice of Intent to Award
At least 10 business days before the
award of a contract under OAR 820-001-0030(3), the Board shall provide to each proposer
notice of the Board’s intent to award a contract.
Stat. Auth.: ORS 670.310 & 672.255
Stats. Implemented: ORS 672.002
- 672.325
Hist.: BEELS 3-2014, f. &
cert. ef. 7-16-14
820-001-0040
Protests of Contract Award
(1) A proposer may protest the notice
of intent to award a contract if:
(a) The proposer is adversely
affected because the proposer would be eligible to be awarded the contract in the
event that the protest were successful; and
(b) The grounds for the protest
are:
(A) All lower bids or higher
ranked proposals are nonresponsive; or,
(B) The Board has failed
to conduct the evaluation of proposals in accordance with the criteria or processes
described in the request for proposals.
(2) The proposer shall submit
the protest to the Board in writing, before the contract is awarded, and shall specify
the grounds for the protest to be considered by the Board.
(3) The Board shall consider
and respond in writing to a protest before awarding a contract.
Stat. Auth.: ORS 670.310 & 672.255
Stats. Implemented: ORS 672.002
- 672.325
Hist.: BEELS 3-2014, f. &
cert. ef. 7-16-14
820-001-0100
Request to Add New Branch
Persons desiring to be registered as
a professional engineer, professional land surveyor, or professional photogrammetrist
naming a branch other than one listed under OAR 820-010-1000, 820-010-2000, or 820-010-3000
as one in which the individual is especially qualified may petition the Board to
amend the list. Procedures are designated in the Model Rules of Procedure under
the Administrative Procedure Act, OAR 137-001-0070. Information in the petition
shall include:
(1) The public need for recognition
of the new branch as that need relates to safeguarding life, health, and property;
(2) The number of potential
registrants that would be affected;
(3) Whether the new branch
is a specialty under an already recognized profession; and
(4) Recommendations for examination
sources in that branch.
Stat. Auth.: ORS 670.310 & 672.255
Stats. Implemented: ORS 672.002
- 672.325
Hist.: BEELS 5-2015(Temp),
f. & cert. ef. 8-19-15 thru 2-12-16; BEELS 8-2015, f. & cert. ef. 11-13-15
820-001-0200
Qualifications of Administrative
Officer (Administrator)
The administrative officer of the Oregon
State Board of Examiners for Engineering and Land Surveying authorized by ORS 670.306
shall:
(1) Not be a member of the
Board.
(2) Serve at the pleasure
of the Board.
(3) Receive such compensation
as the Board may determine.
(4) Perform such duties as
assigned by the Board.
Stat. Auth.: ORS 670.306, 670.310 &
672.255
Stats. Implemented: ORS 672.002
- 672.325
Hist.: BEELS 5-2015(Temp),
f. & cert. ef. 8-19-15 thru 2-12-16; BEELS 8-2015, f. & cert. ef. 11-13-15

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