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Meetings
Date, Location and Attendees
Monday, March 10, 2003
directly following the 1:00 PM Rules Hearing
The Association Center, Conference Room B
Salem, Oregon
 
Board Members Present:
Charles Hester, CPA, Public Member
David Michael, RG, CEG, Board Chairperson
William Orr, RG
Gary Peterson, RG, CEG
Eileen Webb, RG
John Beaulieu, RG, CEG, State Geologist
 
Staff Present:
Susanna Knight, Administrator
 
Guests Present:
Michael Dewey, RG; Malia Kupillas, RG; Robin Hartman; Michael Long, RG, CEG;
Mary H. O'Brien; Mark Reed; Karen Reed
 
The Board Meeting was preceded by a 9:00 AM Work Session and a Public Rules Hearing. The Meeting was called to order by David Michael, Chair, at 2:07 PM.

I. APPROVAL OF AGENDA
Hester moved to approve the agenda. Peterson seconded. Motion Passed.

II. APPROVAL OF MINUTES
Peterson moved to approve the minutes of the 12/3/2002 Board Meeting. Webb seconded. Motion passed.

III. ANNOUNCEMENTS
  1. The next Board Meeting scheduled for June 9, 2003, will be held in Salem at a location to be announced.
  2. Knight stated that the Board office is under a deadline to move due to the loss of the current lease. She presented two options and indicated that there could be substantial cost savings, depending on the selected location. The joint purchase of a building with other boards that had been pursued during the past year has died due to the inability to establish bonding authority by the Boards.

IV. REPORTS
A. Office Report
  1. AR2003-01: Knight distributed a SUMMARY OF STAFF ACTIVITIES since 12/3/2002. She stated that although the Board can own a building, current statute does not contain a financing mechanism
  2. 2001-03 Budget: Knight reported that revenues and expenses are on track with the budget for the current biennium. The 2003-05 draft budget was distributed to all Board members during the morning work session. A revised budget will be distributed with input from the Work Session. A budget hearing will be noticed for the June Board Meeting.

B. Committee Reports
  1. CEG Exam: Michael shared that three candidates sat for the Certified Engineering Geology examination on March 7, 2003. Peterson stated that the Washington Board has requested a psychometric contract in the amount of $15, 900 to be shared by the Boards to continue with the question development. Peterson moved to budget one half of $15,900 to share cost with the Washington Board for the psychometrician's contract for ongoing examination question development. Seconded and passed.
  2. OR Specific Exam: Orr reported that twelve candidates were present for the March 7, 2003, Oregon Geology examination. He stated that he continues to expand and revise the question pool.
  3. Outreach Committee: Orr reported that a core group of university geology professors will be meeting in a Roundtable discussion set for Tuesday, March 18, 2003, at 9:30 AM in Conference Room A of The Association Center. The purpose of the gathering is to discuss the current rule regarding the experience requirement for geology professors and the ongoing communication needs with universities regarding registration. Webb reported that she met March 6, 2003, with five Registered Geologists who have volunteered to serve as a Hydro Task Force charged with developing hydrogeology report guidelines. The Task Force drafted an outline for the guidelines and assigned homework to all committee members.
  4. Rules & Regulations Committee: Webb reported that she and Knight had visited Representative Close's aide regarding HB 2234. The bill has been assigned to Close's House Committee but has not yet been moved into the hearing queue. This Board bill is designed to require that a degree must contain the 45-quarter hours in geology.
  5. Professional Practice Committee: Michael reported that no additional work has been completed on the White Paper. Further development will be forthcoming.
  6. Compliance Committee: Hester requested updates from those Compliance Cases ready for Board Action.
  1. CC#02-02-006: Michael stated that per the memo distributed to all for review, further evaluation of this case has led him to rescind his motion from the December 3, 2002 meeting. He will recommend dropping this case with no action taken.
  2. CC#02-05-003: Webb stated that further review has been completed by the Assistant Attorney General and the Board will now move forward with the motion from the December meeting.
  3. CC#02-12-009: Following discussion by the Board of this complaint, Webb will recommend that the respondent was exempt from further review, as he had served in the capacity as a federal employee.
  4. CC#01-09-012: Peterson reported that a non-registered geologist is practicing geology. He recommended that a LETTER OF CONCERN be issued to the respondent and that a Letter of Concern also be issued to the complainant for failure to stamp a geology report.
  5. CC#00-06-006: Peterson reported reading all twelve reports presented by the respondent. He indicated that the quality through the months has improved substantially and directed staff to send a letter thanking the respondent for his cooperation. Staff also should remind the respondent that a CEG must stamp work containing engineering geology. The respondent must now pass the CEG examination to work independently as a CEG or continue to have engineering geology work stamped by a CEG.
  6. CC#01-12-018: Webb reported that the Compliance Committee met with the respondent on January 6, 2003. She stated that the work of the respondent will be watched and she recommended that the Board issue a LETTER OF CONCERN about the poor quality of his reports.
  7. CC#01-08-007: Orr recommended closing this case by signing an AGREEMENT with the respondent that he will not do the public practice of geology.
  1. Legislative Issues: Beaulieu has reviewed two bills that have been introduced into the Legislative session, both dealing with the practice of geology. SB572 appeared in late February 2003; HB2893 appeared in early March 2003. Both of these bills modify ORS 672.505, ORS 672.525 and ORS 672.535 in slightly different manners. Beaulieu has been in conversation with Senator Corcoran over SB572 and has been asked to work with the Board on the wording. Beaulieu stated that although the intent of the legislation is to deal with public testimony and the free speech right, there is a gray area where the practice of the trade begins. He indicated concern that Legislative counsel did not understand the testimony issue, as testimony is not the practice. Tying compensation to the practice is an issue. Any aspects of the language that expand the scope beyond the testimony issue must be removed for the sponsor to be comfortable. Chair Michael requested that Beaulieu and AAG Chute work with these bills and report back to the Board about their findings.

V. CORRESPONDENCE
  1. AC 03 01 072: Examination qualifying experience must be met by the date of the examination. When the examination cutoff date is before the experience is met, the applicant must submit an additional VERIFICATION OF EXPERIENCE for that experience not attained by the application deadline. No examination results will be released without the confirmation of required experience.
  2. AC 03 02 126: A geologist with an Oregon expired registration requested that his registration be reinstated because he had maintained an active registration in California throughout that period of time. The Board confirmed that the rule states that after the expiration of a registration, one must reapply as a new registrant. The Board cannot waive the current rule [OAR 809-015-0010] for this individual.
  3. AC 03 02 120: The Board reviewed ORS 672.525. Although the Board had intended for a 2001 legislative change to OAR 672.525 (2) to correct this, ORS 672.535(3) does allow for a subordinate of a Registered Geologist to use the title "geologist". [See AC 03 02 125]. However, that same person is not allowed to practice geology for others, without supervision by a Registered Geologist, nor should the subordinate use the title "Registered Geologist".
  4. AC 02 06 210: The Board discussed this letter which addressed a Registered Geologist´s (RG) role in dewatering designs for civil projects. Many of the concerns raised in the letter have to do with "practice issues" and limitations of practice. Practice issues will be reviewed through a White Paper process that will be made available when completed. The Board expects that Registered Geologists recognize that potential adverse impact to nearby facilities or civil works may occur as a result of dewatering. Evaluation of these effects, and final design and stamping of dewatering systems where facilities may be exposed to adverse effects, requires evaluation by a Certified Engineering Geologist or an appropriately qualified Professional Engineer on the design team. RGs providing design support must clearly state their limitations and inform the client during the contract process and in the design reports that only the hydrogeologic aspects of the design are provided. It is the responsibility of the RG to manage client expectations so that work outside of the purview of an RG is not assumed to be the responsibility of the RG

VI. OLD BUSINESS
There were no issues forwarded.

VII. ITEMS FOR BOARD ACTION
  1. Compliance Matters, Hester
  2. Hester moved to ratify John Gray's Consent Order for both CC#01-09-013 and CC#01-12-019 to close these two cases. Peterson seconded. Motion passed.
  3. Peterson moved to rescind motion of 12/3/2002 regarding the issuance of a Letter of Concern in CC# 02-06-006 and close case with no action. Hester seconded. Motion passed.
  1. Webb moved to dismiss CC#02-12-009 with no action. Orr seconded. Motion passed.
  2. Peterson moved to issue a LETTER OF CONCERN to a non-registered individual CC#01-09-012 for the public practice of geology without registration and a LETTER OF CONCERN to the complainant for failure to stamp a work product. Seconded and passed.
  3. Webb moved to issue a LETTER OF CONCERN to the respondent regarding poor quality of work standard CC#01-12-018 and that the Board will continue to observe his work. Additional poor quality work will lead to penalties. Orr seconded. Motion passed.
  4. Orr moved that the Board approve an AGREEMENT in CC#01-08-007, whereby a non-registered individual will cease to practice until such time as he becomes registered. Webb seconded. Motion passed.
  1. Hester moved to ratify rescinding OAR 809-050-0030, Public Testimony rule. Seconded and passed unanimously.
  2. Hester moved to approve the Check log from #1742 to #1792. Orr seconded. Motion passed.

VIII. PUBLIC COMMENT
Chair Michael invited public comment. Malia Kupillas, RG, asked if the Board had considered negligence in its review of CC#01-12-018. Webb stated that it had been discussed and that additional similar performance complaints may result in reprimand for negligence.
 
The meeting was adjourned at 4:10 PM.
 
Respectfully submitted,
 
Susanna Knight
Administrator
 
(Minutes were approved at the June 9, 2003, Board Meeting)