Procedural


Published: 2015

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The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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BOARD OF LICENSED PROFESSIONAL COUNSELORS AND THERAPISTS

 

DIVISION 1
PROCEDURAL

833-001-0000
Notice of Proposed Rulemaking
Prior to the adoption, amendment, or repeal of any rule, the Board of Licensed Professional Counselors and Therapists must:
(1) Publish notice of the adoption, amendment, or repeal in the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date.
(2) Mail such notice to persons on the Board of Licensed Professional Counselors and Therapists mailing list established pursuant to ORS 183.335(1)(c) and to the legislators specified in 183.335(1)(d) at least 49 days before the effective date of the rule.
(3) Mail or deliver such notice to the following:
(a) United Press International and Associated Press;
(b) Oregon Counseling Association;
(c) Oregon Chapter of the American Association of Marriage and Family Therapists;
(d) Oregon Mental Health Counselors Association; and
(e) Oregon college and university departments offering graduate degrees in counseling and marriage and family therapy.
Stat. Auth.: ORS 675.785

Stats. Implemented: ORS 183.341

Hist.: LPCT 1-1990(Temp), f. & cert. ef. 3-6-90; LPCT 2-1990, f. 8-31-90, cert. ef. 9-1-90; LPCT 2-1992, f. 11-30-92, cert. ef. 12-1-92; LPCT 1-1994, f. 12-30-94, cert. ef. 1-1-95; LPCT 1-1998, f. 1-2-98, cert. ef. 1-5-98; BLPCT 1-2010, f. & cert. ef. 1-5-10
833-001-0005
Model Rules of Procedure
The most current Model Rules of Procedure as promulgated by the Attorney General of the State of Oregon under the Administrative Procedures Act, are by this reference adopted as the rules of procedure of the Board of Licensed Professional Counselors and Therapists and must be controlling except as otherwise required by statute or rule.
Stat. Auth.: ORS 675.785

Stats. Implemented: ORS 183.341

Hist.: LPCT 1-1990(Temp), f. & cert. ef. 3-6-90; LPCT 2-1990, f. 8-31-90, cert. ef. 9-1-90; LPCT 2-1992, f. 11-30-92, cert. ef. 12-1-92; LPCT 1-1994, f. 12-30-94, cert. ef. 1-1-95; LPCT 1-1998, f. 1-2-98, cert. ef. 1-5-98: BLPCT 2-2001, f. 9-19-01, cert. ef. 10-1-01; BLPCT 1-2010, f. & cert. ef. 1-5-10
833-001-0010
Requiring an Answer to Charges as Part of Notices to Parties in Contested Cases
In addition to the requirements stated in OAR 137-003-0000 of the Attorney General's Model Rules of Procedure adopted by 833-001-0005, the notice to parties in contested cases may include a 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 833-001-0015 with the notice.
Stat. Auth.: ORS 675

Stats. Implemented: ORS 183

Hist.: LPCT 1-1990(Temp), f. & cert. ef. 3-6-90; LPCT 2-1990, f. 8-31-90, cert. ef. 9-1-90; BLPCT 1-2010, f. & cert. ef. 1-5-10
833-001-0015
Hearing Request and Answers; Consequences of Failure to Answer
(1) A hearing request must be made in writing to the Board by the party or the party's attorney within 21 calendar days after the date the notice was issued.
(2) If an answer is required, it must be made in writing to the Board by the party or the party's attorney within 21 calendar days after the date the notice was issued and must include the following:
(a) An admission or denial of each factual matter alleged in the notice;
(b) A short and plain statement of each relevant affirmative defense the party may have.
(3) Except for good cause:
(a) Factual matters alleged in the notice and not denied in the answer will 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) will be presumed to be denied by the agency; and
(d) Evidence will not be taken on any issue not raised in the notice and the answer.
Stat. Auth.: ORS 675

Stats. Implemented: ORS 183.413

Hist.: LPCT 1-1990(Temp), f. & cert. ef. 3-6-90; LPCT 2-1990, f. 8-31-90, cert. ef. 9-1-90; BLPCT 1-2010, f. & cert. ef. 1-5-10
833-001-0020
Obtaining Information
(1) The Board will provide the following information in response to in-person or telephone inquiries regarding applicants, registered interns, and licensees: name, license/registration number, date licensed/registered, if license/registration is active or expired, business address and telephone number, summary of education and experience, and if there are or have been any disciplinary actions proposed by the Board plus the status, disposition, or resolution of the proposed disciplinary actions.
(2) Requests for any information other than that listed in section (1) of this rule may be required to be in writing, and may require payment for copies of documents.
(3) Pursuant to ORS 676.175, information regarding complaints against or information obtained through investigations into the conduct of licensees, non-licensed individuals, or applicants for licensure will not be disclosed.
Stat. Auth.: ORS 675.785

Stats. Implemented: ORS 192

Hist.: LPCT 1-1990(Temp), f. & cert. ef. 3-6-90; LPCT 2-1990, f. 8-31-90, cert. ef. 9-1-90; LPCT 2-1992, f. 11-30-92, cert. ef. 12-1-92; LPCT 1-1998, f. 1-2-98, cert. ef. 1-5-98; BLPCT 2-2001, f. 9-19-01, cert. ef. 10-1-01; BLPCT 1-2010, f. & cert. ef. 1-5-10

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