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Regulation

Compliance Process

General Information 
 
The Oregon State Board of Examiners for Engineering and Land Surveying (OSBEELS) carefully investigates any complaints or information relating to violations of Oregon Revised Statutes (ORS) 672.002 to 672.325, ORS 209.250 and Oregon Administrative Rules (OAR) Chapter 820. Investigators for the OSBEELS Regulation Department are tasked to receive, track, and investigate complaints.  Upon completion of an investigation, a case summary and findings are presented to the Law Enforcement Committee (LEC) for their deliberation and recommendation to the full Board for a final determination.
 
In accordance with OAR 820-015-0010, subsections 1 and 2, anyone may submit a complaint against a licensed or unlicensed person. Complaints must be in writing and include evidence to document all charges. OSBEELS also accepts anonymous complaints. Complainants may be requested to provide testimony for the case.
 
Important note: The OSBEELS does not represent the complainant or respondent. Rather, the OSBEELS represents the public welfare as a whole. 
 
Complaint Process
 
It is the complainant's responsibility to provide a completed Complaint Form with supporting evidence to OSBEELS. Once a Complaint Form is received, a preliminary review is conducted to determine whether the evidence attached to the complaint is sufficient and the allegation(s) is within the Board’s jurisdiction. If the complaint is lacking evidence of any charge, the complainant is notified and given a deadline within which to provide additional information. When the complaint evidence is sufficient and the Board has jurisdiction, a formal case investigation is commenced.
 
Circumstances may arise when the anonymity of a complainant makes it difficult to open a case because the complaint lacks support for the allegations made. Therefore, if filing an anonymous complaint, it is important to provide clear and specific evidence to document the alleged violation(s) of the respondent.
 
In addition, OSBEELS can initiate its own investigations, including those involving continuing professional development (CPD) and unlicensed practices. 
 
When a formal case investigation is opened, the respondent is provided a mailed copy of the complaint and is requested to respond to the allegations within 14 days. During the investigation, investigators may seek an expert reviewer for the matter. All relevant information regarding the investigation is compiled and presented to the Board’s LEC in a public meeting. The LEC can decide to issue a Notice of Intent to sanction the subject of the complaint in some manner, require additional investigation, make a referral to expert reviewer(s), or close the investigation without further action. 
 
If the LEC determines there is sufficient evidence and legal grounds to support a violation of statute or rule, it will direct the investigator to prepare a Notice of Intent (NOI). A NOI is a formal document sent to the subject of the complaint (now, the “respondent”.) The NOI sets forth the facts of the case, the alleged violations of statute and rule, and the proposed disciplinary action. It also informs respondents of their administrative hearing rights. NOIs are governed by the Oregon Administrative Procedures Act, under ORS Chapter 183. 
 
Resources

Expert Review

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.