72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3731
A-Engrossed
Senate Bill 929
Ordered by the Senate August 4
Including Senate Amendments dated August 4
Sponsored by COMMITTEE ON RULES
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Expands description of powers of semi-independent state agency
with regard to acquisition of property. { + Limits resources
available to pay debts, liabilities or other obligations arising
from property transactions by semi-independent state
agencies. + } Authorizes Appraiser Certification and Licensure
Board to use fingerprints in conducting nationwide criminal
records checks.
{ + Converts Oregon Board of Licensed Professional Counselors
and Therapists and State Board of Clinical Social Workers to
semi-independent state agencies. + }
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to semi-independent state agencies; creating new
provisions; amending ORS 182.454, 182.466, 674.100, 674.170,
674.364, 674.850, 674.990, 675.530, 675.537, 675.571, 675.590,
675.595, 675.725, 675.775, 675.785, 675.795 and 675.805 and
section 1, chapter 409, Oregon Laws 2001; repealing ORS
675.597; appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 182.454 is amended to read:
182.454. { - On October 31, 1999, - } The following
semi-independent state agencies are { - made - } subject to
ORS 182.456 to 182.472:
(1) The State Board of Architect Examiners.
(2) The State Landscape Architect Board.
(3) The State Board of Examiners for Engineering and Land
Surveying.
(4) The State Board of Geologist Examiners.
(5) The Oregon Board of Optometry.
{ + (6) The Oregon Board of Licensed Professional Counselors
and Therapists. + }
{ + (7) The State Board of Clinical Social Workers. + }
SECTION 2. ORS 182.466 is amended to read:
182.466. In addition to other powers granted by ORS 182.456 to
182.472 and by the statutes specifically applicable to a board, a
board may:
(1) Sue and be sued in its own name.
(2) { + Except as provided in this subsection and subsection
(8) of this section, + } notwithstanding ORS { - chapter - }
{ + chapters 276 and + } 279, enter into { + , as appropriate,
borrowing obligations permitted under the Oregon Constitution and
statute laws of this state, leases, including lease with option
to purchase, installment purchases, rental agreements and
other + } contracts { + , + } and { - acquire, hold, own, - }
{ + mortgage or otherwise + } encumber { - , issue, replace,
deal in and with and dispose of - } real and personal
property. { + The right to receive payment from a board under an
agreement entered into pursuant to this subsection or pursuant to
a transaction allowed under subsection (3) or (4) of this section
may not be transferred or assigned in whole or in part without
the written consent of the Oregon Department of Administrative
Services.
(3) Notwithstanding ORS chapters 276 and 279, deal in and with
real and personal property of any nature in the board's own name,
including but not limited to using, acquiring, purchasing,
receiving, holding, holding title to, investing in, erecting,
constructing, developing, repairing, maintaining, improving,
equipping, furnishing, managing, operating, issuing, licensing,
leasing, lending, replacing and selling, conveying or otherwise
disposing of the property.
(4) Borrow moneys for the needs of the board in amounts, on
terms and for periods, as the board determines. + }
{ - (3) - } { + (5) + } Notwithstanding ORS 670.300, fix a
per diem amount to be paid to board members for each day or
portion thereof during which the member is actually engaged in
the performance of official duties. Board members may also
receive actual and necessary travel expenses or other expenses
actually incurred in the performance of their duties. If an
advisory council or peer review committee is established under
the law that governs the board, the board may also fix and pay
amounts and expenses for members thereof.
{ - (4) - } { + (6) + } Set the amount of any fee required
by statute and establish by rule and collect other fees as
determined by the board. Fees shall not exceed amounts necessary
for the purpose of carrying out the functions of the board.
Notwithstanding ORS 183.335 and except as provided in this
subsection, a board shall hold a public hearing prior to adopting
or modifying any fee without regard to the number of requests
received to hold a hearing. A board shall give notice to all
licensees of the board prior to holding a hearing on the adoption
or modification of any fee. A board may adopt fees in conjunction
with the budget adoption process described in ORS 182.462.
{ - (5) - } { + (7) + } Subject to any other statutory
provisions, adopt procedures and requirements governing the
manner of making application for issuance, renewal, suspension,
revocation, restoration and related activities concerning
licenses that are under the jurisdiction of a board.
{ + (8)(a) Any debt, liability or other obligation incurred
by a semi-independent state agency pursuant to an activity or
transaction described in this section:
(A) Is payable solely from revenues of the semi-independent
state agency or from pledged assets owned or operated by the
semi-independent state agency; and
(B) Does not constitute a debt, liability or other obligation
of any other state agency, a state official or the General Fund.
(b) Any revenue bond issued by a semi-independent state agency
to finance an activity or transaction described in this section
must state on the face of the bond that the bond does not
constitute an obligation by the state to pay principal or
interest on the bond from the General Fund. + }
SECTION 3. ORS 674.100 is amended to read:
674.100. (1)(a) { - No - } { + A + } person { - shall - }
{ + may not + } engage in, carry on, advertise or purport to
engage in or carry on real estate appraisal activity within this
state without first obtaining certification or licensure as
provided for in ORS 674.310.
(b) Real estate appraisal activity is the preparation,
completion and issuance of an opinion as to the value on a given
date or at a given time of real property or any interest in real
property, whether such activity is performed in connection with a
federally related transaction or is not performed in connection
with a federally related transaction. Notwithstanding any other
provision of law, a state certified appraiser or a state licensed
appraiser:
(A) Is not required to be licensed under ORS 696.022 to perform
any real estate appraisal activity or any other activity that
constitutes the giving of an opinion as to the value of real
property or any interest in real property; and
(B) Is not subject to regulation under ORS 696.010 to 696.495
and 696.600 to 696.995 in connection with the performance of any
real estate appraisal activity or the performance of any activity
{ - which - } { + that + } constitutes the giving of an
opinion as to the value of real estate or any interest in real
estate.
(2) Real estate appraisal activity excludes any activity that
is not performed in connection with a federally related
transaction and that:
(a) Is performed by a nonlicensed regular full-time employee of
a single owner of real estate, if the activity involves the real
estate of the employer and is incidental to the employee's
normal, nonreal estate activities;
(b) Is performed by a nonlicensed regular full-time employee
whose activity involves the real estate of the employer, when
such activity is the employee's principal activity, but the
employer's principal activity or business is not the appraisal of
real estate;
(c) Is performed by any attorney at law rendering services in
the performance of duties as an attorney at law;
(d) Is performed by any registered geologist, registered
professional engineer or architect rendering services as a
registered geologist, registered professional engineer or
architect;
(e) Is performed by a certified public accountant rendering
services as a certified public accountant;
(f) Is performed by a mortgage banker rendering services as a
mortgage banker;
(g) Constitutes a letter opinion or a competitive market
analysis as those terms are defined in ORS 696.010 that, by
administrative or judicial order or subpoena, is compelled from a
person licensed to engage in real estate activity under ORS
696.022;
(h) Is performed by any salaried employee of the State of
Oregon or any of its political subdivisions while engaged in the
performance of the duties of such employee;
(i) Is limited to analyzing or advising of permissible land use
alternatives, environmental impact, building and use permit
procedures or demographic market studies, if the performance of
such activities does not involve the rendering of an opinion as
to the value of the real estate in question;
(j) Is performed by a professional forester appraising or
valuing timber, timberland or both as part of services performed
as a private consultant in forest management, but only if, in the
case of timberland, the appraisal or valuation is limited to the
use of the land as forestland;
(k) Is limited to the giving of an opinion in any
administrative or judicial proceeding regarding the value of real
estate for taxation;
(L) Is limited to a person not licensed under ORS chapter 696
who is giving an opinion regarding the value of real estate if
the person's business is not the appraisal, selling or listing of
real estate, and such activity is performed without compensation.
This paragraph does not apply to a person conducting
transactional negotiations on behalf of another person for
transfer of an interest in real property;
(m) Is limited to a person not licensed under ORS chapter 696
who is transferring or acquiring an interest in real estate; or
(n) Is performed by a home inspector acting within the scope of
a certificate or license issued under ORS chapter 701.
(3)(a) 'Real estate appraisal activity' does not include an
analysis, evaluation, opinion, conclusion, notation or
compilation of data prepared by a financial institution or
affiliate, a consumer finance company licensed under ORS chapter
725, or by an insurance company or affiliate, made for internal
use only by the financial institution or affiliate, consumer
finance company or by the insurance company or affiliate,
concerning an interest in real estate for ownership or collateral
purposes by the financial institution or affiliate, by the
consumer finance company licensed under ORS chapter 725, or by
the insurance company or affiliate. Nothing in this subsection
shall be construed to excuse a financial institution or affiliate
from complying with the provisions of Title XI of the federal
Financial Institutions Reform, Recovery and Enforcement Act of
1989 (12 U.S.C. 3310 et seq.).
(b) As used in this section, 'evaluation' means a study of the
nature, quality or utility of a parcel of real estate or
interests in, or aspects of, real property in which a value
estimate is not necessarily required.
(4)(a) As used in this section, 'purport to engage in or carry
on real estate appraisal activity' means the display of a card,
sign, advertisement or other printed, engraved or written
instrument bearing the person's name in conjunction with the term
' appraiser,' 'licensed appraiser,' 'certified appraiser' or '
appraisal' or any oral statement or representation of
certification or licensure by the Appraiser Certification and
Licensure Board made by a person.
(b) Each display or statement described in paragraph (a) of
this subsection by a person not licensed or certified by the
board is a separate violation under ORS { + 674.850 or + }
674.990.
(c) In any proceeding under ORS { + 674.850 or + } 674.990, a
display or statement described in paragraph (a) of this
subsection shall be considered prima facie evidence that the
person named in the display or making the statement purports to
engage in or carry on real estate appraisal activity.
SECTION 4. ORS 674.170 is amended to read:
674.170. (1) On the request of the administrator of the
Appraiser Certification and Licensure Board and { + with + }
written consent of the person about whom information is being
requested, the Department of State Police shall furnish to the
administrator such information as the Department of State Police
may have in its possession from its central bureau of criminal
identification including, but not limited to, manual or
computerized information concerning any applicant or licensee
regulated under this chapter.
(2) { + (a) + } On the request of the administrator, the
Department of State Police shall conduct nationwide criminal
{ + records + } checks through the Federal Bureau of
Investigation of any applicant or licensee regulated under this
chapter { + , including checking the applicant's or licensee's
fingerprints, and shall report the results to the board + }.
{ - A person making application for a license or a certificate
under this chapter shall be deemed, upon signing or with
signature upon the application filed under this chapter, to have
given consent necessary for purposes of this section. - }
{ + (b) The bureau shall either return or destroy the
fingerprint cards used in the criminal records checks and may not
keep any record of the fingerprints. However, if the bureau
policy authorizing return or destruction of the fingerprint cards
is changed, the board shall cease to send the cards to the bureau
but shall continue to process the information through other
available resources.
(c) If the bureau returns the fingerprint cards to the
department, the department shall return the fingerprint cards to
the board. The board shall destroy the fingerprint cards and may
not retain facsimiles or other material from which a fingerprint
can be reproduced.
(d) For purposes of receiving the information described in this
section, the board is considered to be a 'designated agency'
under ORS 181.010 to 181.560 and 181.715 to 181.730 and the rules
adopted under ORS 181.555. + }
(3) The { - Appraiser Certification and Licensure - } board
shall adopt rules to restrict dissemination of information
received under this section to persons with a demonstrated and
legitimate need to know the information.
(4) The { - Appraiser Certification and Licensure - } board
may charge an applicant or licensee a fee as set by rule by the
board not to exceed the board's actual cost to obtain the
information provided for in this section.
SECTION 5. ORS 674.364 is amended to read:
674.364. (1) { - Except where otherwise specifically provided
by ORS 674.850 and 674.990, all - } Moneys collected or received
by the Appraiser Certification and Licensure Board { - , placed
to the credit of the board and remaining unexpended and
unobligated on August 21, 2001, and all moneys collected or
received by the board after August 21, 2001, - } shall be
deposited into an account established by the board in a
depository bank insured by the Federal Deposit Insurance
Corporation. In a manner consistent with the requirements of ORS
chapter 295, the chairperson of the board shall ensure that
sufficient collateral secures any amount of funds on deposit that
exceeds the limits of the Federal Deposit Insurance Corporation's
coverage. All moneys in the account are continuously appropriated
to the board for the purpose of carrying out the functions of the
board.
(2) Subject to the approval of the chairperson, the board may
invest moneys collected or received by the board. Investments
made by the board are:
(a) Limited to investments described in ORS 294.035;
(b) Subject to the investment maturity date limitations
described in ORS 294.135; and
(c) Subject to the conduct prohibitions listed in ORS 294.145.
(3) Interest earned from any moneys invested under subsection
(2) of this section shall be made available to the board in a
manner consistent with the board's annual budget.
(4) Subject to the approval of the chairperson, all necessary
board expenses shall be paid from the moneys collected or earned
by the board.
(5) As used in this section, 'depository bank' has the meaning
given that term in ORS 295.005.
SECTION 6. ORS 674.850 is amended to read:
674.850. (1) { + The Appraiser Certification and Licensure
Board may impose a civil penalty, not to exceed $500 for each
violation, on + } any person who violates any provision of ORS
674.130 to 674.150, { - 674.310 and 674.330, or - } any rule
or final order of the
{ - Appraiser Certification and Licensure - } board or any
final judgment or decree made by any court upon application of
the board { - , may be required to forfeit and pay to the
General Fund of the State Treasury a civil penalty in an amount
determined by the board of not more than $500 for each offense.
Each violation shall be deemed a separate offense - } .
{ - (2) Civil penalties under this section shall be imposed
as provided in ORS 183.090. - }
{ + (2) The board may impose a civil penalty on any person
who violates ORS 674.100 (1). The penalty amount must be:
(a) Not less than $100 and not more than $500 for the first
violation; and
(b) Not less than $500 and not more than $1,000 for subsequent
violations.
(3) In addition to the civil penalties set forth in subsection
(2) of this section, the board may impose a civil penalty on any
person who violates ORS 674.100 (1) not to exceed the amount by
which the person profited in the transaction in violation of ORS
674.100 (1).
(4) When an order assessing a civil penalty under subsection
(2) or (3) of this section becomes final by operation of law or
on appeal, and the amount of penalty is not paid within 10 days
after the order becomes final, the order may be recorded with the
county clerk in any county of this state. The clerk shall
thereupon record the name of the person incurring the penalty and
the amount of the penalty in the County Clerk Lien Record.
(5) The board must impose civil penalties under this section in
the manner provided in ORS 183.090. + }
{ - (3) - } { + (6) + } The provisions of this section are
in addition to and not in lieu of any other enforcement provision
contained in ORS { - 674.130 to 674.150, - } { + 674.140
and + } 674.310 { - and 674.330 - } .
{ - (4) - } { + (7) + } The remedies provided in
{ - subsections (1) to (3) of - } this section are in addition
to and not exclusive of any other remedies provided by law.
SECTION 7. ORS 674.990 is amended to read:
674.990. (1) Violation of ORS 674.100 (1) is a Class A
misdemeanor.
(2) Any officer, director or shareholder or agent of a
corporation, or member or agent of a partnership or association,
who personally participates in or is an accessory to any
violation of ORS 674.100 (1) by the partnership, association or
corporation, is subject to the penalties prescribed in subsection
(1) of this section.
{ - (3) Any person who violates ORS 674.100 (1) may be
required by the Appraiser Certification and Licensure Board to
forfeit and pay to the General Fund of the State Treasury a civil
penalty in an amount determined by the board of: - }
{ - (a) Not less than $100 nor more than $500 for the first
offense of uncertified or unlicensed real estate appraisal
activity; and - }
{ - (b) Not less than $500 nor more than $1,000 for the
second and subsequent offenses of uncertified or unlicensed real
estate appraisal activity. - }
{ - (4) In addition to the civil penalties set forth in
subsection (3) of this section, any person who violates ORS
674.100 (1) may be required by the board to forfeit and pay to
the General Fund of the State Treasury a civil penalty in an
amount determined by the board but not to exceed the amount by
which such person profited in any transaction that violates ORS
674.100 (1). - }
{ - (5) When an order assessing a civil penalty under this
section becomes final by operation of law or on appeal, and the
amount of penalty is not paid within 10 days after the order
becomes final, the order may be recorded with the county clerk in
any county of this state. The clerk shall thereupon record the
name of the person incurring the penalty and the amount of the
penalty in the County Clerk Lien Record. - }
{ - (6) Civil penalties under this section shall be imposed
as provided in ORS 183.090. - }
{ - (7) The civil penalty provisions of subsections (3) and
(4) of this section are in addition to and not in lieu of the
criminal penalties for unlicensed real estate appraisal activity
in subsections (1) and (2) of this section. - }
SECTION 8. ORS 675.530 is amended to read:
675.530. Upon application therefor accompanied by the fee
established { - under - } { + pursuant to + } ORS 675.571,
the State Board of Clinical Social Workers shall issue a license
to any applicant who furnishes evidence satisfactory to the board
that the applicant:
(1) Has { - completed - } { + complied with + } all
applicable provisions of ORS 675.510 to 675.600 and the
applicable rules of the board;
(2) Holds a master's degree in social work from an accredited
college or university accredited by the Council on Social Work
Education;
(3) Has completed the equivalent of two years of full-time
experience in the field of clinical social work in accordance
with rules of the board. The rules shall be developed after
consultation with persons active in the field of clinical social
work and may take into account experience which may be gained in
the course of the study of social work;
(4) Has satisfactorily completed the requirements for
certificate of clinical social work associate; and
(5) Has performed to the satisfaction of the board in the
written examination prescribed by the board.
SECTION 9. ORS 675.537 is amended to read:
675.537. Upon application therefor accompanied by the fee
established { - under - } { + pursuant to + } ORS 675.571,
the State Board of Clinical Social Workers shall issue a
certificate of clinical social work associate to any applicant
who furnishes evidence satisfactory to the board that the
applicant:
(1) Has { - completed - } { + complied with + } all
applicable provisions of ORS 675.510 to 675.600 and the
applicable rules of the board;
(2) Holds a master's degree in social work from an accredited
college or university accredited by the Council on Social Work
Education; and
(3) Has developed a plan approved by the board for completion
of practice and supervision requirements as defined by the rules
of the board.
SECTION 10. ORS 675.571 is amended to read:
675.571. (1) The State Board of Clinical Social Workers shall
{ + determine and + } collect fees for application for
certification, annual renewal of certification, examination,
reexamination, licensure, annual renewal of licensure and
delinquent renewal fees.
(2) { - Such fees are to be used to defray the expenses of
the board and are continuously appropriated for that purpose. - }
{ + Moneys collected from fees described under subsection (1)
of this section must be deposited to the account established by
the board under ORS 182.470 and are continuously appropriated to
the board for the administration and enforcement of ORS 675.510
to 675.600. + }
{ - (3) Subject to prior approval of the Oregon Department of
Administrative Services and a report to the Emergency Board prior
to adopting the fees and charges, the fees and charges
established under this section shall not exceed the cost of
administering the regulatory program of the board pertaining to
the purpose for which the fee or charge is established, as
authorized by the Legislative Assembly within the budget of the
State Board of Clinical Social Workers, as the budget may be
modified by the Emergency Board. - }
{ - (4) - } { + (3) + } The board may impose a delinquent
renewal fee for certificates and licenses renewed after January 1
but before February 1. Applications received on or after February
1 are subject to an additional delinquent fee. However, the board
shall not treat any certificate or license as lapsed unless it is
not renewed by March 31.
{ - (5) - } { + (4) + } All fees collected under this
section are nonrefundable.
{ + (5) Except as the board may otherwise provide under ORS
182.462 (5), moneys from civil penalties collected under ORS
675.510 to 675.600 must be deposited to the account established
by the board under ORS 182.470 and are continuously appropriated
to the board for the administration and enforcement of ORS
675.510 to 675.600. + }
SECTION 11. ORS 675.590 is amended to read:
675.590. (1) { - There is established a - } { + The + }
State Board of Clinical Social Workers { + shall operate as a
semi-independent state agency subject to ORS 182.456 to 182.472
for purposes of carrying out ORS 675.510 to 675.600 + }.
(2) The Governor shall appoint seven members to the board,
consisting of members as specified in subsection (4) of this
section.
(3) The term of office of each member is four years, but a
member serves at the pleasure of the Governor. Before the
expiration of the term of a member, the Governor shall appoint a
successor whose term begins on July 1 next following. A member is
eligible for one consecutive reappointment. If there is a vacancy
for any cause, the Governor shall make an appointment to become
immediately effective for the unexpired term.
(4) The composition of the board { - shall - } { + must + }
be as follows:
(a) Four members { - shall - } { + must + } be licensed
clinical social workers who are licensed in accordance with the
provisions of ORS 675.510 to 675.600; and
(b) Three members { - shall - } { + must + } be public
citizens who have demonstrated an interest in the field of
clinical social work.
(5) Members are entitled to compensation and expenses as
{ - provided in ORS 292.495 - } { + determined by the
board + }.
SECTION 12. ORS 675.595 is amended to read:
675.595. In addition to the powers otherwise granted under ORS
675.510 to 675.600, the State Board of Clinical Social Workers
shall have the following powers:
(1) To determine the qualifications of applicants to practice
clinical social work in this state; to cause to have examinations
prepared, conducted and graded and to grant certificates or
licenses to qualified applicants upon their compliance with the
provisions of ORS 675.510 to 675.600 and the rules of the board.
(2) To grant or deny annual renewal of certificates or licenses
and to renew certificates and licenses that have lapsed for
nonpayment of the renewal fee, subject to the provisions of ORS
675.510 to 675.600.
(3) To suspend or revoke certificates or licenses, subject to
ORS 675.510 to 675.600.
(4) To issue letters of reprimand or to impose probationary
periods with the authority to restrict the scope of practice of a
licensed clinical social worker or clinical social work
associate.
(5) To require that a licensee practice under supervision.
(6) To require that a licensee obtain additional training in
social work.
(7) To require that a licensee undergo psychological, physical
or psychiatric assessment, enter into and remain in any
prescribed treatment program and disclose the results of the
treatment program to the board.
(8) To impose civil penalties not to exceed $1,000.
(9) To restore certificates or licenses that have been
suspended, revoked or voided by nonpayment of the renewal fee.
(10)(a) To collect annual fees for application, examination and
certification or licensing of applicants, for renewal of
certificates and licenses, and for issuance of limited
certificates { - , such fees to be used to defray the expenses
of the board as provided in ORS 675.571 - } ; and
(b) To collect delinquent renewal fees as provided in ORS
675.571 { - (4) - } .
(11) To investigate alleged violations of ORS 675.510 to
675.600.
(12) To issue subpoenas for the attendance of witnesses, take
testimony, administer oaths or affirmations to witnesses, conduct
hearings and require the production of relevant documents in all
proceedings pertaining to the duties and powers of the board.
(13) To enforce 675.510 to 675.600 and exercise general
supervision over the practice of clinical social work in this
state.
(14) To adopt a common seal.
(15) To formulate and enforce a code of professional conduct
for the practice of clinical social work giving particular
consideration to the code of ethics.
(16) To formulate and enforce continuing education requirements
for licensed clinical social workers to ensure the highest
quality of professional services to the public.
(17) To take such other disciplinary action as the board in its
discretion finds proper, including but not limited to assessment
of the costs of the disciplinary process.
SECTION 13. ORS 675.725 is amended to read:
675.725. (1) A license issued under ORS 675.715 to 675.835 is
subject to annual renewal.
(2) A licensee seeking renewal of a license shall:
(a) Pay the license renewal fee on or before April 1 of each
year;
(b) Provide proof of fulfillment of any requirements of the
Oregon Board of Licensed Professional Counselors and Therapists
for continuing education and supervision;
(c) Submit to the board a sworn statement on a form provided by
the board certifying that there is no reason for denial of the
license renewal; and
(d) Maintain professional disclosure statements as required by
the board by rule.
(3) A licensee may renew a license after April 1 but not later
than April 30 by paying a late fee { - of not more than $50 - }
{ + established by the board + } in addition to the required
renewal fee. A license that has not been renewed or the license
of a licensee who has not met the requirements for renewal by May
1 expires and may not be renewed.
(4) A licensee may not continue to practice as a licensed
professional counselor or a licensed marriage and family
therapist after expiration of the license.
(5) A person whose license has expired may apply to be
relicensed as follows:
(a) If the person's previous license has been expired for more
than two years, the person must apply and qualify for a new
license in the same manner as a person who has never been
licensed.
(b) If the person's previous license has been expired for two
years or less, the person is not required to meet the degree,
experience and examination standards for a person who has never
been licensed, but must meet all other requirements for
relicensure as the board may establish by rule. An application
for relicensure under this subsection must be submitted in the
manner required by the board and must be accompanied by the
payment of the application fee and one annual renewal fee.
SECTION 14. ORS 675.775 is amended to read:
675.775. (1) The Oregon Board of Licensed Professional
Counselors and Therapists { - is established - } { + shall
operate as a semi-independent state agency subject to ORS 182.456
to 182.472 + }.
(2) The board { - shall - } { + must + } consist of seven
members { - who shall be - } appointed by the Governor.
(3) In selecting the members of the board, the Governor shall
strive to balance the representation according to geographic
areas of this state, gender, age and ethnic group.
(4) The board { - shall - } { + must + } consist of:
(a) Three members who are persons licensed as professional
counselors under ORS 675.715;
(b) Two members who are persons licensed as marriage and family
therapists under ORS 675.715;
(c) One member from the faculty of a school within this state
that has programs to train persons to become professional
counselors or marriage and family therapists; and
(d) One member from the public who has demonstrated an interest
in the fields of professional counseling and marriage and family
therapy.
(5) Statewide counselor and marriage and family therapist
organizations may recommend names of qualified persons to the
Governor at the time for filling vacancies on the board.
(6) The term of office of each member is three years, but a
member serves at the pleasure of the Governor. By October 1 of
each year, the Governor shall appoint persons to fill positions
on the board that are due to become vacant on October 1 of that
year. A member is eligible for one consecutive reappointment. If
there is a vacancy for any cause, the Governor shall make an
appointment to become immediately effective for the unexpired
term.
SECTION 15. ORS 675.785 is amended to read:
675.785. The Oregon Board of Licensed Professional Counselors
and Therapists has the following powers:
(1) In accordance with the applicable provisions of ORS 183.310
to 183.550, the board shall adopt rules necessary for the
administration of the laws the board is charged with
administering.
(2) { - Subject to any applicable provisions of the State
Personnel Relations Law, - } The board may appoint, prescribe
the duties and fix the compensation of an administrator and other
employees of the board necessary to carry out the duties of the
board.
(3) The board may impose nonrefundable fees in an amount set by
rule for the following:
(a) License application.
(b) First issuance of a license.
(c) Renewal of a license.
(d) Late filing of a license renewal.
(e) Renewal of registration as an intern.
(f) Examinations. { - Examination fees shall not exceed the
costs incurred in administering the particular examination. Fees
established under this subsection are subject to prior approval
of the Oregon Department of Administrative Services and a report
to the Emergency Board prior to adopting the fees and shall be
within the budget authorized by the Legislative Assembly as that
budget may be modified by the Emergency Board. - }
(4) The board shall:
(a) Maintain a register of all current licensed professional
counselors and marriage and family therapists.
(b) Annually publish a directory listing all current licensed
professional counselors and marriage and family therapists. The
directory shall be available to the public, for which the board
may collect a publication fee.
(5) The board shall:
(a) Investigate alleged violations of the provisions of ORS
675.715 to 675.835 or rules adopted under authority of the board.
(b) Establish procedures to review the complaints of clients of
licensees of the board. Upon receipt of a complaint under ORS
675.715 to 675.835 against any licensed or unlicensed person, the
board shall conduct an investigation as described under ORS
676.165.
{ - (6) The board shall report to the Legislative Assembly
concerning the activities of the board during the preceding
biennium. - }
{ - (7) - } { + (6) + } The board shall form standards
committees to establish, examine and pass on the qualifications
of applicants to practice professional counseling or marriage and
family therapy in this state. The standards committee for
professional counselors shall be made up of the professional
counselors on the board, the faculty member and the public
member. The standards committee for marriage and family
therapists shall be made up of the marriage and family members of
the board, the faculty member and the public member.
{ - (8) - } { + (7) + } The board shall grant licenses to
applicants who qualify to practice professional counseling or
marriage and family therapy in this state upon compliance with
ORS 675.715 to 675.835 and the rules of the board.
{ - (9) - } { + (8) + } The board may administer oaths,
take depositions, defray legal expenses and issue subpoenas to
compel the attendance of witnesses and the production of
documents or written information necessary to carry out ORS
675.715 to 675.835.
{ - (10) - } { + (9) + } The board may adopt a seal to be
affixed to all licenses.
{ - (11) - } { + (10) + } The board shall adopt a code of
ethics for licensees. The board may use the ethical codes of
professional counseling and marriage and family therapy
associations as models for the code established by the board.
{ - (12) - } { + (11) + } The board may set academic and
training standards necessary under ORS 675.715 to 675.835,
including, but not limited to, the adoption of rules to establish
semester hour equivalents for qualification for licensing where
quarter hours are required under ORS 675.715 to 675.835.
{ - (13) - } { + (12) + } The board shall require the
applicant for a professional counselor license or a marriage and
family therapy license to receive a passing score on an
examination of competency in counseling or marriage and family
therapy. The examination may be the examination given nationally
to certify counselors, or in the case of marriage and family
therapy, the examination approved by the Association of Marital
and Family Therapy Regulatory Boards.
{ - (14) - } { + (13) + } The standards committee shall
establish standards and requirements for continuing education and
supervision, as appropriate. { - The standards and requirements
shall be in effect July 1, 1992. - }
{ - (15) - } { + (14) + } The board shall establish a
program for impaired professionals to assist licensed
professional counselors and licensed marriage and family
therapists to regain or retain their licensure and impose the
requirement of participation as a condition to reissuance or
retention of the license.
SECTION 16. ORS 675.795 is amended to read:
675.795. (1) The Oregon Board of Licensed Professional
Counselors and Therapists shall meet at least once a year at a
place, time and hour determined by the board. The board also
shall meet at other times and places specified when called by the
chair of the board or by a majority of the members of the board.
(2) A majority of the members of the board constitutes a
quorum. A majority of the members present may take action on
behalf of the board unless a different number is provided in the
rules of the board.
(3) A member of the board is entitled to compensation and
expenses as { - provided in ORS 292.495 - } { + determined by
the board + }.
(4) At the first meeting of each year, the Oregon Board of
Licensed Professional Counselors and Therapists shall select from
its members a chair and vice chair. Each officer shall have a
term of one year with duties and powers the board determines
necessary for the performance of the functions the board assigns
to the officer.
(5) In the event that the position of any officer becomes
vacant, the board shall elect from its members a replacement at
its next meeting to serve the unexpired term.
SECTION 17. ORS 675.805 is amended to read:
675.805. { - All moneys received by - } { + Except as + }
the Oregon Board of Licensed Professional Counselors and
Therapists { + may otherwise provide under ORS 182.462 (5), all
moneys received by the board + } under ORS 675.715 to 675.835
{ - shall - } { + must + } be paid into the
{ - General Fund in the State Treasury and placed to the credit
of the Oregon Board of Licensed Professional Counselors and
Therapists Account, which is hereby established. Such - } { +
account established by the board pursuant to ORS 182.470. The + }
moneys are appropriated continuously { - and shall be used
only - } { + to the board + } for the administration and
enforcement of ORS 675.715 to 675.835.
SECTION 18. Section 1, chapter 409, Oregon Laws 2001, is
amended to read:
{ + Sec. 1. + } (1) The establishment of the State Landscape
Contractors Board as a semi-independent state agency under the
amendments to ORS 182.451 and 671.630 by sections 2 and 6
{ - of this 2001 Act - } { + , chapter 409, Oregon Laws
2001, + } does not act to cancel, suspend or prevent:
(a) Any lawful debt owing by or to the State Landscape
Contractors Board;
(b) Any fine, penalty, tax or obligation;
(c) Any contract or other obligation; or
(d) Any action taken by or on behalf of the State Landscape
Contractors Board in the administration and enforcement of ORS
671.510 to 671.710, 671.720 or 671.990 { - (2) - } .
(2) The amendments to ORS 670.605 by section 4 { - of this
2001 Act - } { + , chapter 409, Oregon Laws 2001, + } do not
cancel, suspend, invalidate or prevent enforcement of any rule
adopted pursuant to ORS 670.605 prior to the operative date of
the amendments to ORS 670.605 by section 4 { - of this 2001
Act - } { + , chapter 409, Oregon Laws 2001 + }. Any rule
adopted pursuant to ORS 670.605 in effect on the operative date
of the amendments to ORS 670.605 by section 4 { - of this 2001
Act - } { + , chapter 409, Oregon Laws 2001, + } continues in
full force and effect and is applicable for purposes of enforcing
ORS 671.510 to 671.710, 671.720 and 671.990 { - (2) - } unless
later superseded.
(3) Notwithstanding ORS 182.466 { - (4) - } and the
amendments to ORS 671.570, 671.650 and 671.660 by sections 5, 7
and 8 { - of this 2001 Act - } , { + chapter 409, Oregon Laws
2001, + } the fee structure utilized by the State Landscape
Contractors Board immediately prior to the operative date of the
amendments to ORS 671.570, 671.650 and 671.660 by sections 5, 7
and 8 { - of this 2001 Act - } { + , chapter 409, Oregon Laws
2001, + } continues in full force and effect until superseded by
a fee structure adopted by the board on or after the operative
date of the amendments to ORS 671.570, 671.650 and 671.660 by
sections 5, 7 and 8 { - of this 2001 Act - } { + , chapter
409, Oregon Laws 2001 + }.
(4) Notwithstanding ORS 182.468 { - (3) - } , except as
provided in this subsection, the State Landscape Contractors
Board shall continue to employ all classified employees employed
by the board immediately prior to the operative date of the
amendments to ORS 182.451 and 671.630 by sections 2 and 6
{ - of this 2001 Act - } , { + chapter 409, Oregon Laws
2001, + } subject to state personnel laws and collective
bargaining agreements. The Construction Contractors Board and the
State Landscape Contractors Board may agree on transfers of
classified employees who are jointly utilized by the boards
immediately prior to the operative date of the amendments to ORS
182.451 and 671.630 by sections 2 and 6 { - of this 2001
Act - } { + , chapter 409, Oregon Laws 2001, + } subject to
state personnel laws and collective bargaining agreements.
(5) Notwithstanding ORS 182.468 { - (3) - } , the
Construction Contractors Board and the State Landscape
Contractors Board are bound by any collective bargaining
agreement entered into by this state on behalf of the boards on,
before or after the operative date of the amendments to ORS
182.451 and 671.630 by sections 2 and 6 { - of this 2001
Act - } { + , chapter 409, Oregon Laws 2001 + }.
(6) The establishment of the State Landscape Contractors Board
as a semi-independent state agency under ORS 182.451 and 671.630
does not affect the status of any collective bargaining unit as
the appropriate bargaining unit for State Landscape Contractors
Board employees.
(7) Supplies, materials, equipment, records, books, papers and
facilities controlled by the State Landscape Contractors Board
immediately prior to the operative date of the amendments to ORS
182.451 and 671.630 by sections 2 and 6 { - of this 2001
Act - } { + , chapter 409, Oregon Laws 2001, + } continue to be
under the control of the board.
(8) Notwithstanding ORS 182.462 and 183.335 { - (6) - } , for
the period beginning on the operative date of the amendments to
ORS 182.451 and 671.630 by sections 2 and 6 { - of this 2001
Act - } { + , chapter 409, Oregon Laws 2001, + } and ending on
June 30, 2003, or for any portion of that period, the State
Landscape Contractors Board may adopt a budget by temporary rule
under ORS 183.335 { - (5) - } . For the period beginning on the
operative date of the amendments to ORS 182.451 and 671.630 by
sections 2 and 6 { - of this 2001 Act - } { + , chapter 409,
Oregon Laws 2001, + } and ending on the earlier of June 30, 2003,
or the date the board adopts a budget under this subsection,
board operations continue to be governed by the expenditure
classifications and amounts established in the legislatively
approved budget of the board for the biennium ending June 30,
2003.
SECTION 19. { + ORS 675.597 is repealed. + }
SECTION 20. { + (1) Any expenditure limitation approved by the
Legislative Assembly for the biennium beginning July 1, 2003, for
the State Board of Clinical Social Workers or the Oregon Board of
Licensed Professional Counselors and Therapists shall continue to
apply after the effective date of the amendments to ORS 182.454,
675.530, 675.537, 675.571, 675.590, 675.595, 675.725, 675.775,
675.785, 675.795 and 675.805 by sections 1 and 8 to 17 of this
2003 Act and the repeal of ORS 675.597 by section 19 of this 2003
Act until the board subject to the expenditure limitation adopts
a budget pursuant to ORS 182.462 for the biennium beginning July
1, 2003. Upon the adoption by a board of a budget pursuant to ORS
182.462 for the biennium beginning July 1, 2003, the
legislatively approved expenditure limitations for the biennium
beginning July 1, 2003, for the board adopting the budget shall
terminate.
(2) The expenditure classifications, if any, established by
Acts authorizing or limiting expenditures by the State Board of
Clinical Social Workers or the Oregon Board of Licensed
Professional Counselors and Therapists during the biennium
beginning July 1, 2003, remain applicable to expenditures by
those boards after the effective date of this 2003 Act until the
adoption of a budget pursuant to ORS 182.462 for the biennium
beginning July 1, 2003, by the board to which the expenditure
classifications apply.
(3) Any fee schedule for the State Board of Clinical Social
Workers or the Oregon Board of Licensed Professional Counselors
and Therapists in effect immediately prior to the effective date
of the amendments to ORS 182.454, 675.530, 675.537, 675.571,
675.590, 675.595, 675.725, 675.775, 675.785, 675.795 and 675.805
by sections 1 and 8 to 17 of this 2003 Act and the repeal of ORS
675.597 by section 19 of this 2003 Act shall continue in effect
until superseded by rule of the appropriate board. + }
SECTION 21. { + This 2003 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2003 Act takes effect on
its passage. + }
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