Chapter 802 Oregon Laws 1999
Session Law
AN ACT
HB 2661
Relating to architects;
creating new provisions; and amending ORS 671.080, 671.090 and 671.125.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 671.125 is amended to read:
671.125. In accordance with any applicable provisions of ORS
183.310 to 183.550, the State Board of Architect Examiners may:
(1) [Promulgate] Adopt reasonable rules necessary for
the administration of the laws the board is charged with administering; and
(2) [Promulgate] Adopt reasonable rules prescribing
standards of professional conduct for architects and rules requiring continuing professional education for architects.
In adopting rules under this subsection,
the board [may] shall give consideration to national standards and practices as a
means of facilitating reciprocal licensing of architects among jurisdictions
recognized by the board [as well as
local practices when promulgating such rules]. The board shall also consider local practices.
SECTION 2.
ORS 671.080 is amended to read:
671.080. (1) [Every
person holding a certificate of registration, as provided for in ORS 671.010 to
671.220, who desires to continue to practice the profession in this state,
shall annually, while practicing, pay to the State Board of Architect Examiners
on or before the anniversary of issuance of the certificate the required fee;
and the board administrator thereupon shall issue to such registered architect
a certificate of renewal of the registration for a period of one year. Upon
failure to have the certificate renewed on or before the anniversary of
issuance of the certificate, the certificate holder shall be deemed to be
delinquent; but such person may renew the certificate not later than the 30th
day after the renewal date, without penalty, upon payment of renewal fees or
after the 30th day after the renewal date, upon payment of renewal fees plus a
penalty in an amount to be prescribed by board rule, not to exceed double the
amount of the current renewal fee.] Each
registrant who desires to continue as an architect in this state shall annually
pay to the State Board of Architect Examiners, on or before the anniversary of
issuance of the certificate of registration, the fee for renewal of
registration required under ORS 671.085. The registrant shall also furnish
evidence satisfactory to the board that the registrant has complied with any
continuing education requirements adopted by the board under ORS 671.125,
unless those requirements have been waived. Upon payment and, if required, the
furnishing of satisfactory evidence, the board shall issue to the registrant a
certificate of renewal of registration for a period of one year.
(2) If a registrant fails to
have a certificate renewed on or before the anniversary of issuance of the
certificate, the registrant shall be considered delinquent. The registrant may
renew the certificate not later than the 30th day after the renewal date,
without penalty, if the registrant pays the renewal fee and furnishes evidence
satisfactory to the board that the registrant has complied with any continuing
education requirements adopted by the board under ORS 671.125, unless those
requirements have been waived. The registrant may renew the certificate after
the 30th day after the renewal date, if the registrant pays the renewal fee
plus a late fee in an amount to be prescribed by the board by rule, not to
exceed double the amount of the current renewal fee, and furnishes evidence
satisfactory to the board that the registrant has complied with any continuing
education requirements adopted by the board under ORS 671.125, unless those
requirements have been waived.
[(2)] (3) Any person who fails to pay the
renewal fee, with [accrued penalties,] any late fees, or fails to furnish
evidence satisfactory to the board that the registrant has complied with any
continuing education requirements adopted by the board under ORS 671.125,
unless those requirements have been waived, for a period of 60 days, shall
forfeit the right to practice architecture in this state. [and] The person may be reinstated as an
architect only upon passing examinations required by the board, by complying with any continuing
education requirements adopted by the board under ORS 671.125 and by paying
any required examination fees, renewal fee and penalties.
[(3)] (4) The board may grant a suspension to
any registered architect who gives up the practice and while in good standing
makes such request in writing to the board. The architect may resume practice
within five years [upon payment of] if the architect pays the annual fees
for the renewal of registration for the current year and complies with any continuing education requirements adopted by the
board under ORS 671.125. If the architect fails to renew within the
five-year period, the architect may be reinstated only upon passing
examinations required by the board, by
complying with any continuing education requirements adopted by the board under
ORS 671.125 and by paying any required examination fees and penalties.
SECTION 3.
ORS 671.080, as amended by section 10, chapter 643, Oregon Laws 1997, is
amended to read:
671.080. (1) [Every
person holding a certificate of registration, as provided for in ORS 671.010 to
671.220, who desires to continue to practice the profession in this state,
shall annually, while practicing, pay to the State Board of Architect Examiners
on or before the anniversary of issuance of the certificate the required fee;
and the board administrator thereupon shall issue to such registered architect
a certificate of renewal of the registration for a period of one year. Upon
failure to have the certificate renewed on or before the anniversary of
issuance of the certificate, the certificate holder shall be deemed to be
delinquent; but such person may renew the certificate not later than the 30th
day after the renewal date, without penalty, upon payment of renewal fees or
after the 30th day after the renewal date, upon payment of renewal fees plus a
penalty in an amount to be prescribed by board rule.] Each registrant who desires to continue as an architect in this state
shall annually pay to the State Board of Architect Examiners, on or before the
anniversary of issuance of the certificate of registration, the fee for renewal
of registration required under ORS 671.085. The registrant shall also furnish
evidence satisfactory to the board that the registrant has complied with any
continuing education requirements adopted by the board under ORS 671.125,
unless those requirements have been waived. Upon payment and, if required, the
furnishing of satisfactory evidence, the board shall issue to the registrant a
certificate of renewal of registration for a period of one year.
(2) If a registrant fails to
have a certificate renewed on or before the anniversary of issuance of the
certificate, the registrant shall be considered delinquent. The registrant may
renew the certificate not later than the 30th day after the renewal date,
without penalty, if the registrant pays the renewal fee and furnishes evidence
satisfactory to the board that the registrant has complied with any continuing
education requirements adopted by the board under ORS 671.125, unless those
requirements have been waived. The registrant may renew the certificate after
the 30th day after the renewal date, if the registrant pays the renewal fee
plus a late fee in an amount to be prescribed by the board by rule, and
furnishes evidence satisfactory to the board that the registrant has complied
with any continuing education requirements adopted by the board under ORS
671.125, unless those requirements have been waived.
[(2)] (3) Any person who fails to pay the
renewal fee, with [accrued penalties,]
any late fees, or fails to furnish
evidence satisfactory to the board that the registrant has complied with any
continuing education requirements adopted by the board under ORS 671.125,
unless those requirements have been waived, for a period of 60 days, shall
forfeit the right to practice architecture in this state. [and] The person may be reinstated as an
architect only upon passing examinations required by the board, by complying with any continuing
education requirements adopted by the board under ORS 671.125 and by paying
any required examination fees, renewal fee and penalties.
[(3)] (4) The board may grant a suspension to
any registered architect who gives up the practice and while in good standing
makes such request in writing to the board. The architect may resume practice
within five years [upon payment of] if the architect pays the annual fees
for the renewal of registration for the current year and complies with any continuing education requirements adopted by the
board under ORS 671.125. If the architect fails to renew within the
five-year period, the architect may be reinstated only upon passing
examinations required by the board, by
complying with any continuing education requirements adopted by the board under
ORS 671.125 and by paying any required examination fees and penalties.
SECTION 4. Nothing in the amendments to ORS 671.080 by
section 2 or 3 of this 1999 Act affects the operative date provisions of
section 35, chapter 643, Oregon Laws 1997.
SECTION 5.
ORS 671.090 is amended to read:
671.090. The State Board of Architect Examiners may refuse to
grant or renew, may revoke or may suspend a certificate of registration to
practice architecture in this state upon the following grounds:
(1) The employment of fraud or deception in applying for a
certificate of registration or in passing an examination as provided in ORS
671.010 to 671.220.
(2) Upon proof that the applicant or the holder of the
certificate of registration is falsely impersonating a practitioner or former
practitioner.
(3) Upon proof that the holder of a certificate is practicing
under an assumed, fictitious, or a corporate name contrary to the provisions of
ORS 671.010 to 671.220.
(4) Upon proof that the applicant or the holder of the
certificate of registration is guilty of fraud or deceit, or of gross
negligence, incompetency or misconduct in the practice of architecture.
(5) Upon proof that the applicant or the holder of the
certificate of registration willfully evaded or tried to evade any law,
ordinance, code or regulation of the state, or counties and cities of this
state, governing construction of buildings.
(6) Upon proof that the holder of the certificate of
registration stamped and signed any plans, specifications or drawings that were
not prepared by the architect or under the architect's direct control and
supervision.
(7) Upon proof that the holder of the certificate of
registration, unbeknown to a party for whom the architect is doing work,
received rebates, commissions, grants of moneys or favors which the architect
is not entitled to or justified in receiving.
(8) Upon proof that the applicant or the holder of the
certificate is practicing contrary to the provisions and requirements of ORS
671.010 to 671.220.
(9) Failure to comply
with any continuing education requirements adopted by the board under ORS
671.125, unless the requirements have been waived by the board.
Approved by the Governor
July 20, 1999
Filed in the office of
Secretary of State July 20, 1999
Effective date October 23,
1999
__________