|Compliance Process |
|General Information |
Oregon law charges the Oregon State Board of Examiners for Engineering and Land Surveying (OSBEELS) with carefully investigating any complaints or information relating to violations of the Oregon Revised Statutes (ORS) 672.002 to 672.325 and the Oregon Administrative Rules (OAR, Chapter 820). The Regulation Department of OSBEELS receives, tracks, and investigates complaints and presents findings to the Law Enforcement Committee (LEC) for recommendations to the Board.
In accordance with ORS 672.210; in particular subsection 1 and OAR 820-015-0010; in particular subsections 1 and 2, anyone (complainant) may submit a complaint against any individual, including a registrant. OSBEELS also accepts anonymous complaints. Additionally, ORS 672.210; in particular subsection 1 states that OSBEELS may initiate its own compliant against a person. The Board represents the public welfare as a whole, not the complainant as in an attorney client relationship.
Upon receipt of a complaint form or other written information against an applicant, registrant or another person (respondent), the Regulation Department staff will conduct a preliminary review to establish that there is sufficient evidence to justify proceeding and whether the allegations against the respondent are such that, if proven, would result in a penalty or sanction.
The complainant's role is to provide OSBEELS with any relevant information or documentation pertaining to the complaint. Circumstances may arise when the anonymity of a complainant makes it difficult to proceed in a case due to insufficient evidence to support actions that may be in violation. Therefore, if filing an anonymous complaint, it is important for the complainant to provide clear and specific information in relation to the alleged violation(s) of the respondent.
If the complaint is considered valid, the respondent will be notified of the allegations by mail and written comments will be requested. As part of the investigation process, the Regulation Department staff may seek additional responses from the respondent, request a review of the matter by professionals with relevant experience (expert reviewer(s)), and/or ask for legal review from OSBEELS' Assistant Attorney General. All relevant information is compiled and presented to the LEC, during a scheduled meeting, for determination. The determination results in an “action” or “no action.” An “action” consists of a notice of intent, additional investigation, or expert reviewer(s). A “no action” consists of closing the case.
Depending on the result of an investigation, a case may not be subject to a disciplinary action. However, if the LEC determines that there are sufficient facts and legal grounds to proceed, it will direct the Regulation Department staff or the OSBEELS' Assistant Attorney General to prepare a notice of intent for disciplinary action. Such notices are governed by the Oregon Administrative Procedures Act, namely the ORS 183.415. The notice of intent is a formal notice sent to the respondent, stating the actions that are in violation of OSBEELS regulatory authority, a proposed disciplinary action, and informs the respondent of their rights to a hearing. Additionally, complainants may be requested to provide testimony for the case.
Complaint Process Flow Chart
|Are you an Expert in Your Practicing Discipline? |
If you are, the Board needs professional reviewers and expert witnesses. Today’s engineering, land surveying, and photogrammetric mapping professions are vulnerable to unprofessional behavior and illegal practice. Protecting the health, safety, and welfare of the public are at the core of the Board’s mission. The Board continues to issue a Request for Qualifications (RFQ) to solicit registered professional engineers, professional land surveyors, and professional photogrammetrists, for review of law enforcement cases to assist the Board in completing its mission. The success of this program requires the assistance of registrants in all the specialty areas of practice.
Accepted registrants are expected to provide expert reviews and opinions on selected cases to the Law Enforcement Committee (LEC). The LEC will use the expert’s opinion in determining whether, and in what respects, a person violated the Oregon Revised Statutes (ORS) and/or the Oregon Administrative Rules (OAR). In particular, experts review case file documentation and prepare written reports in their area of expertise on issues such as negligence, gross negligence, or incompetence.
When needed, an expert will be relied on to provide testimony during administrative proceedings or in other forums.
Qualifications Required? See RFQ for a complete listing of mandatory and desirable qualifications.
- Active Oregon professional registration (engineer, land surveyor, or photogrammetrist)
- Not currently under investigation by the Board
- No disciplinary action in the last five years greater than a $250 civil penalty
Not every case requires the assistance of an expert. For each case that does, a qualified individual will be selected from the list depending on their area of expertise or geographic area of practice. Depending on the extent of the list of professional reviewers and expert witnesses, it may be some time before you are selected. Your name will remain on the list until circumstances demand otherwise. Although voluntary, the Board offers compensation. Compensation will be provided, based on Board rates for services and including, but not limited to, specified travel expenses incurred on behalf of the Board.
To become a professional reviewer and expert witness, review the RFQ and submit a Statement of Qualifications (SOQ) as outlined in the RFQ. Upon receipt of your SOQ, the Board will review the information and send notification of their decision. Be aware that submitting a SOQ does not guarantee placement on the list of professional reviewers and expert witnesses.