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BOARD OF GEOLOGIST EXAMINERS

 

DIVISION 1
PROCEDURAL RULES

809-001-0000
Notice
Before adoption,
amendment, or repeal of any permanent rule, the State Board of Geologist Examiners
shall give notice of the intended action:
(1) In the
Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days before
the effective date of the intended action;
(2) By mailing
a copy of the notice to persons on the State Board of Geologist Examiners mailing
list established under ORS 183.335(8);
(3) By mailing
or furnishing a copy of the notice to:
(a) The Associated
Press;
(b) Association
of Engineering Geologists;
(c) Department
of Geology and Mineral Industries;
(d) Department
of Geology, Oregon State University;
(e) Department
of Geology, University of Oregon;
(f) Department
of Geology, Portland State University;
(g) Capitol
Press Room;
(h) Earth
and Physical Science Department, Western Oregon University; and
(i) Department
of Geology, Southern Oregon University.
Stat. Auth.: ORS
183, 192, 670.310(1) & 672

Stats. Implemented:
ORS 183.335

Hist.: GE
1(Temp), f. & ef. 11-3-77; GE 2, f. & ef. 12-13-77; GE 1-1982, f. &
ef. 5-14-82; GE 1-1983, f. & ef. 2-17-83; GE 1-1984, f. & ef. 2-1-84; BGE
1-2002, f. & cert. ef. 2-6-02; BGE 3-2004, f. & cert. ef. 6-23-04; BGE 4-2012,
f. 12-13-12, cert. ef. 12-21-12
809-001-0005
Model Rules of Procedure
The Attorney General’s
Model Rules of Procedure under the Administrative Procedures Act, in effect on February
1, 2012, are hereby adopted as the rules of procedure by reference for the State
Board of Geologist Examiners.
Stat. Auth.: ORS 183, ORS 672.505
- 672.705

Stats. Implemented: ORS 672.505
- 672.705

Hist.: GE 1(Temp), f. & ef.
11-3-77; GE 2, f. & ef. 12-13-77; GE 1-1982, f. & ef. 5-14-82; GE 1-1984,
f. & ef. 2-1-84; GE 3-1986, f. & ef. 7-15-86; EE 1-1996. f. & cert.
ef. 8-30-96; GE 1-1996, f. & cert. ef. 8-30-96; BGE 2-1999, f. & cert. ef.
11-8-99; BGE 1-2000, f. & cert. ef. 8-3-00; BGE 2-2004, f. & cert. ef. 4-6-04;
BGE 4-2004, f. & cert. ef. 6-23-04; BGE 2-2012, f. & cert. ef. 6-15-12
809-001-0010
Election of Officers
The Board may elect a Board Chairman and Vice Chairman once a year at the first board meeting held after July 1.
Stat. Auth.: ORS 183, ORS 192 & ORS 672

Stats. Implemented:

Hist.: GE 1-1984, f. & ef. 2-1-84
809-001-0015
Public Records Requests
(1) All requests for copies of public
records in the custody of the Board of Geologist Examiners (Board) shall be made
in writing to the Board Administrator. Written requests may be delivered in person,
by mail, by fax or by email. All requests are subject to disclosure according to
the Public Records Law.
(2) A public records request
may be submitted on a request form provided by the Board. If the form is not used,
the requestor must include the following information in the request:
(a) The name and address
of the person requesting the public record;
(b) The telephone number,
email address, and other relevant contact information for the person requesting
the public record;
(c) A sufficiently detailed
description of the records requested to allow the Board to search for and identify
the responsive records;
(d) The date the request
is submitted to the Board;
(e) Statement as to whether
the person making the request wants to inspect any responsive, non-exempt records
at the Board office or to receive copies of the records, and
(f) Signature of the person
making the request if the request is not made by email.
(3) A reasonable period of
time shall be allowed for the staff to locate and assemble the non-exempt public
records responsive to the request. The regular discharge of duties of the Board
will neither be interrupted nor substantially interfered with because of time and
effort required to respond to the request.
(4) The Board charges fees
for responding to public records requests which are reasonably calculated to cover
costs of the response and records provided. Fees are designed to cover the cost
of locating, reviewing, compiling, making available for inspection, preparing copies,
and delivering the response and public records. Fees are as follows:
(a) Twenty-five (25) cents
per page for photocopies, where a double-sided copy equals two (2) pages;
(b) One (1) dollar for the
first page faxed and fifty (50) cents for each additional page, limited to a 20-page
maximum, not including the cover page;
(c) At the Board Administrator’s
discretion, copies of public records may be provided electronically if stored in
the Board’s computer system. Electronic records may be provided by email or
by other means as deemed appropriate by the Board Administrator. Due to the potential
threat of computer viruses, the agency will not permit requestors to provide disks,
USB drives, or other electronic devices for reproduction of electronic records;
(A) The cost of records transmitted
by email is five (5) dollars per email, except when (6) of this rule applies, and
may contain as much information as the Board email system will handle per email.
(B) The cost of records transmitted
by other electronic means is five (5) dollars per device and may contain as much
information as the electronic device will hold.
(d) Estimated cost for delivery
of records such as postage and courier fees; and
(e) Labor charges that include
researching, locating, reviewing, compiling, editing and otherwise processing information
and records responsive to the request:
(A) No charge for the first
fifteen (15) minutes of staff time;
(B) After the first fifteen
(15) minutes, the staff labor rate is twenty-five (25) dollars per hour, with a
six dollars twenty-five cents (6.25) minimum;
(C) Actual attorney and other
legal fees and costs charged to the Board for review of the request, records, redacting
confidential materials from the public records, segregating the public records into
exempt and nonexempt records, and response.
(f) If fees are estimated
to be more than twenty-five (25) dollars, the requestor will be provided a written
cost estimate by Board staff before the Board responds to the request. The requestor
must then confirm to the Board in writing that the requestor wants the Board to
proceed with making the records available and understands the estimated fees. The
Board will not take further action on the request prior to receiving such confirmation
from the requestor.
(5) Fees for public records
requests must be paid as follows:
(a) Before the requested
public records will be made available for inspection or copies provided. The Board
Administrator may require pre-payment of estimated fees before taking further action
on a request.
(b) By check, money order,
or any credit card accepted by the Board office.
(c) If payment is rejected
by the bank or credit card company, the requesting party will be notified and be
responsible for any charges incurred by the Board as a result of the rejected payment.
This is in addition to the fees for response to the request.
(6) The Board Administrator
may waive or reduce fees for:
(a) Responses to requests
that can be provided with less than 15 minutes of staff time and in electronic format
via email delivery or
(b) Responses to requests
that the Board Administrator determines are in the public interest because making
the public records available primarily benefit the general public or Board registrants.
Stat. Auth. ORS 192.430, 192.440, 192.502,
192.505, 182.466, 670.310
Stat. Implemented. ORS 192.430,
192.440, 192.502, 192.505
Hist.: GE 1-1984, f. &
ef. 2-1-84; BGE 1-2002, f. & cert. ef. 2-6-02; BGE 2-2014, f. & cert. ef.
12-5-14
809-001-0035
Confidentiality and Inadmissibility of Mediation Communications
(1) The words and phrases used in this rule have the same meaning as given to them in ORS 36.110 and 36.234.
(2) Nothing in this rule affects any confidentiality created by other law. Nothing in this rule relieves a public body from complying with the Public Meetings Law, ORS 192.610 to 192.690. Whether or not they are confidential under this or other rules of the agency, mediation communications are exempt from disclosure under the Public Records Law to the extent provided in ORS 192.410 to 192.505.
(3) This rule applies only to mediations in which the agency is a party or is mediating a dispute as to which the agency has regulatory authority. This rule does not apply when the agency is acting as the "mediator" in a matter in which the agency also is a party as defined in ORS 36.234.
(4) To the extent mediation communications would otherwise be compromise negotiations under ORS 40.190 (OEC Rule 408), those mediation communications are not admissible as provided in ORS 40.190 (OEC Rule 408), notwithstanding any provisions to the contrary in section (9) of this rule.
(5) Mediations Excluded. Sections (6)-(10) of this rule do not apply to:
(a) Mediation of workplace interpersonal disputes involving the interpersonal relationships between this agency's employees, officials or employees and officials, unless a formal grievance under a labor contract, a tort claim notice or a lawsuit has been filed; or
(b) Mediation in which the person acting as the mediator will also act as the hearings officer in a contested case involving some or all of the same matters;
(c) Mediation in which the only parties are public bodies;
(d) Mediation involving two or more public bodies and a private party if the laws, rule or policies governing mediation confidentiality for at least one of the public bodies provide that mediation communications in the mediation are not confidential; or
(e) Mediation involving 15 or more parties if the agency has designated that another mediation confidentiality rule adopted by the agency may apply to that mediation.
(6) Disclosures by Mediator. A mediator may not disclose or be compelled to disclose mediation communications in a mediation and, if disclosed, such communications may not be introduced into evidence in any subsequent administrative, judicial or arbitration proceeding unless
(a) all the parties to the mediation and the mediator agree in writing to the disclosure; or
(b) the mediation communication may be disclosed or introduced into evidence in a subsequent proceeding as provided in subsections (c)-(d), (j)-(l) or (o)-(p) of section (9) of this rule.
(7) Confidentiality and Inadmissibility of Mediation Communications. Except as provided in sections (8)-(9) of this rule, mediation communications are confidential and may not be disclosed to any other person, are not admissible in any subsequent administrative, judicial or arbitration proceeding and may not be disclosed during testimony in, or during any discovery conducted as part of a subsequent proceeding, or introduced as evidence by the parties or the mediator in any subsequent proceeding.
(8) Written Agreement. Section (7) of this rule does not apply to a mediation unless the parties to the mediation agree in writing, as provided in this section, that the mediation communications in the mediation will be confidential and/or nondiscoverable and inadmissible. If the mediator is the employee of and acting on behalf of a state agency, the mediator or an authorized agency representative must also sign the agreement. The parties' agreement to participate in a confidential mediation must be in substantially the following form. This form may be used separately or incorporated into an "agreement to mediate." [Form not included. See ED. NOTE.]
(9) Exceptions to confidentiality and inadmissibility.
(a) Any statements, memoranda, work products, documents and other materials, otherwise subject to discovery that were not prepared specifically for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding.
(b) Any mediation communications that are public records, as defined in ORS 192.410(4), and were not specifically prepared for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential or privileged under state or federal law.
(c) A mediation communication is not confidential and may be disclosed by any person receiving the communication to the extent that person reasonably believes that disclosing the communication is necessary to prevent the commission of a crime that is likely to result in death or bodily injury to any person. A mediation communication is not confidential and may be disclosed in a subsequent proceeding to the extent its disclosure may further the investigation or prosecution of a felony crime involving physical violence to a person.
(d) Any mediation communication related to the conduct of a licensed professional that is made to or in the presence of a person who, as a condition of his or her professional license, is obligated to report such communication by law or court rule is not confidential and may be disclosed to the extent necessary to make such a report.
(e) The parties to the mediation may agree in writing that all or part of the mediation communications are not confidential or that all or part of the mediation communications may be disclosed and may be introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential, privileged or otherwise prohibited from disclosure under state or federal law.
(f) A party to the mediation may disclose confidential mediation communications to a person if the party's communication with that person is privileged under ORS Chapter 40 or other provision of law. A party to the mediation may disclose confidential mediation communications to a person for the purpose of obtaining advice concerning the subject matter of the mediation, if all the parties agree.
(g) An employee of the agency may disclose confidential mediation communications to another agency employee so long as the disclosure is necessary to conduct authorized activities of the agency. An employee receiving a confidential mediation communication under this subsection is bound by the same confidentiality requirements as apply to the parties to the mediation.
(h) A written mediation communication may be disclosed or introduced as evidence in a subsequent proceeding at the discretion of the party who prepared the communication so long as the communication is not otherwise confidential under state or federal law and does not contain confidential information from the mediator or another party who does not agree to the disclosure.
(i) In any proceeding to enforce, modify or set aside a mediation agreement, a party to the mediation may disclose mediation communications and such communications may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of mediation communications or agreements to persons other than the parties to the agreement.
(j) In an action for damages or other relief between a party to the mediation and a mediator or mediation program, mediation communications are not confidential and may be disclosed and may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of the mediation communications or agreements.
(k) When a mediation is conducted as part of the negotiation of a collective bargaining agreement, the following mediation communications are not confidential and such communications may be introduced into evidence in a subsequent administrative, judicial or arbitration proceeding:
(A) A request for mediation; or
(B) A communication from the Employment Relations Board Conciliation Service establishing the time and place of mediation, or
(C) A final offer submitted by the parties to the mediator pursuant to ORS 243.712; or
(D) A strike notice submitted to the Employment Relations Board.
(l) To the extent a mediation communication contains information the substance of which is required to be disclosed by Oregon statute, other than ORS 192.410 to 192.505, that portion of the communication may be disclosed as required by statute.
(m) Written mediation communications prepared by or for the agency or its attorney are not confidential and may be disclosed and may be introduced as evidence in any subsequent administrative, judicial or arbitration proceeding to the extent the communication does not contain confidential information from the mediator or another party, except for those written mediation communications that are:
(A) Attorney-client privileged communications so long as they have been disclosed to no one other than the mediator in the course of the mediation or to persons as to whom disclosure of the communication would not waive the privilege; or
(B) Attorney work product prepared in anticipation of litigation or for trial, or
(C) Prepared exclusively for the mediator or in a caucus session and not given to another party in the mediation other than a state agency; or
(D) Prepared in response to the written request of the mediator for specific documents or information and given to another party in the mediation; or
(E) Settlement concepts or proposals, shared with the mediator or other parties.
(n) A mediation communication made to the agency may be disclosed and may be admitted into evidence to the extent the Oregon State Board of Geologist Examiners determines that disclosure of the communication is necessary to prevent or mitigate a serious danger to the public's health or safety, and the communication is not otherwise confidential or privileged under state or federal law.
(o) The terms of any mediation agreement are not confidential and may be introduced as evidence in a subsequent proceeding, except to the extent the terms of the agreement are exempt from disclosure under ORS 192.410 to 192.505, a court has ordered the terms to be confidential under ORS 17.095 or state or federal law requires the terms to be confidential.
(p) The mediator may report the disposition of a mediation to the agency at the conclusion of the mediation so long as the report does not disclose specific confidential mediation communications. The agency or the mediator may use or disclose confidential mediation communications for research, training or educational purposes, subject to the provisions of ORS 36.232(4).
(10) When a mediation is subject to section (7) of this rule, the agency will provide to all parties to the mediation and the mediator a copy of this rule or a citation to the rule and an explanation of where a copy of the rule may be obtained. Violation of this provision does not waive confidentiality or inadmissibility.
[ED. NOTE: Forms referenced are available from the agency.]
Stat. Auth.: ORS 36.224, 670.310

Stats. Implemented: ORS 36.220 - 36.238

Hist.: BGE 1-2004(Temp), f. & cert. ef. 4-6-04 thru 10-3-04; BGE 5-2004, f. & cert. ef. 6-23-04

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