74th OREGON LEGISLATIVE ASSEMBLY--2007 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 616
Senate Bill 165
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor Theodore R.
Kulongoski for State Board of Geologist Examiners)
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 as
introduced.
Expands State Board of Geologist Examiners authority to
investigate complaint. Allows board member or employee to
exercise certain board powers. Confers immunity from civil action
or administrative proceeding for testifying or otherwise
furnishing information to board in good faith. Establishes extent
of immunity.
Allows board to deny registration application for cause.
Allows board to establish disqualification period for person
whose certificate of registration is revoked. Makes registration
after disqualification period conditional.
Gives board authority to conduct investigation or disciplinary
hearing and to take disciplinary action against person
notwithstanding change in registration status.
Increases maximum civil penalty board may impose from $1,000 to
$10,000.
A BILL FOR AN ACT
Relating to State Board of Geologist Examiners; creating new
provisions; amending ORS 672.675 and 672.690; and repealing ORS
672.665 and 672.685.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 4 of this 2007 Act are added to
and made a part of ORS 672.505 to 672.705. + }
SECTION 2. { + (1) The State Board of Geologist Examiners may
investigate information obtained by the board regarding conduct
that may violate ORS 672.505 to 672.705 or a rule adopted under
ORS 672.505 to 672.705. Notwithstanding ORS 670.315, the board
may act through any board member or employee in exercising the
powers conferred on the board under ORS 670.315.
(2) A person acting in good faith who testifies or otherwise
provides information to board members, employees or agents as
part of a board investigation or proceeding is immune from:
(a) A civil action for damages arising out of that testimony or
other provision of information; and
(b) An administrative agency action to penalize or sanction the
person for testifying or providing information to the board.
(3) In addition to any other immunities provided by law, board
members, administrative and investigative board employees and
attorneys for the board have the privileges and immunities from
civil or criminal proceedings arising out of official actions
provided to prosecuting attorneys and judicial officers of the
state. + }
SECTION 3. { + A person whose certificate of registration is
revoked by the State Board of Geologist Examiners may be
disqualified from obtaining a certificate of registration for a
period established by the board by rule. Notwithstanding ORS
672.585, after expiration of the disqualification period the
board may issue a certificate of registration to the person if:
(1) The person makes a written application for registration;
(2) The board determines that the person meets all the
requirements for registration; and
(3) The board finds that there is good cause to issue the
certificate. + }
SECTION 4. { + A lapse, surrender, suspension, revocation or
other change in registration status does not affect any authority
otherwise granted to the State Board of Geologist Examiners to
proceed with an investigation, conduct a disciplinary hearing or
take disciplinary action against a person for a violation of ORS
672.505 to 672.705 or rules of the board. + }
SECTION 5. ORS 672.675 is amended to read:
672.675. The State Board of Geologist Examiners has the power
to { + deny an application for registration, + } suspend, revoke
or refuse to renew the certificate of registration of any
registrant or reprimand any registrant { - who is found to have
been involved in - } { + if the applicant or registrant has
committed + }:
(1) { - The practice of any - } Fraud { + , + } { - or - }
deceit { + or misrepresentation + } in obtaining a certificate
of registration;
(2) { - Any - } Negligence, gross negligence, incompetence
or misconduct in the practice of geology as a registered
geologist;
(3) { - Any - } { + Subject to ORS 670.280, a + } felony;
or
{ - (4) The commission of any unlawful act as set forth in
ORS 672.505 to 672.705. - }
{ + (4) A violation of ORS 672.505 to 672.705 or a rule
adopted under ORS 672.505 to 672.705. + }
SECTION 6. ORS 672.690 is amended to read:
672.690. (1) In addition to any other penalty { + or
sanction + } provided by law, a person who violates any provision
of ORS
{ - 672.515 - } { + 672.505 + } to 672.705 or { - any - }
{ + a + } rule adopted { - thereunder - } { + under ORS
672.505 to 672.705 + } is subject to payment of a civil penalty
to the State Board of Geologist Examiners in an amount of not
more than { - $1,000 - } { + $10,000 + } for each
{ - offense - } { + violation + }.
(2) Civil penalties under this section shall be imposed as
provided in ORS 183.745.
(3) Notwithstanding ORS 670.335, all penalties recovered shall
be deposited into an account established as provided under ORS
182.470. Moneys deposited are continuously appropriated to the
board and shall be used only for the administration and
enforcement of ORS 182.456 to 182.472 and 672.505 to 672.705.
SECTION 7. { + ORS 672.665 and 672.685 are repealed. + }
SECTION 8. { + (1) Section 3 of this 2007 Act applies to
persons whose certificates of registration are revoked before, on
or after the effective date of this 2007 Act and whose
application for a certificate of registration is received by the
State Board of Geologist Examiners on or after the effective date
of a rule adopted under section 3 of this 2007 Act.
(2)(a) Section 4 of this 2007 Act applies to an investigation
of or a disciplinary proceeding for a person whose registration
status change occurs on or after the effective date of this 2007
Act.
(b) Section 4 of this 2007 Act applies to a disciplinary action
taken before, on or after the effective date of this 2007 Act for
a person whose registration status change occurred after the
disciplinary action was taken or occurs on or after the effective
date of this 2007 Act.
(3) The amendments to ORS 672.690 by section 6 of this 2007 Act
apply to violations of ORS 672.505 to 672.705, or of a rule
adopted under ORS 672.505 to 672.705, committed on or after the
effective date of this 2007 Act. + }
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