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Date, Location and Attendees
SUNDAY, APRIL 2, 2000, 10:00 AM
Members Present:
Audrey Eldridge
Charles Hester
Dorian Kuper
David Michael
William Orr
Member Absent:
John Beaulieu
Guests Present:
Staff Present:
Susanna Knight, Administrator

The meeting was called to order by Chair Eldridge at 10:25 AM. Kuper moved to approve the agenda as presented. Seconded and passed.

Hester moved to approve the 12/10/99 Meeting Minutes with the changes to the Rules & Regulation Committee Report and name corrections to the Professional Practice Committee. Seconded and passed. Kuper moved to approve the 3/6/2000 Special Meeting Minutes as presented. Seconded and passed.

Confirm Meeting Dates and Locations for 2000
The following meeting dates for 2000 were selected: July 7, October 3, and December 12. Per AC 00 126 (Governor Kitzhaber’s letter to Boards and Commissions encouraging meeting at the coast to help those coastal community businesses that have suffered due to winter road closures), the Board will plan to meet in the Yachats area for the July 7th Meeting. The October meeting will be at the Board office, and the December meeting will be in Portland at DOGAMI.

A. Office Report
1. AR2000-01: Knight presented a Summary of Staff Activitiessince 12/10/99. See Attachment. The Board approved participation in the Semi-Independent Boards’ feasibility study of joining together in the purchase of a building. Hester was appointed to represent the Board in this process. No funds are being allocated for this study. Knight stated that it is time for her annual review. Knight requested that the following action items be included under V. of the agenda: 1) authorize expenditure for CPA to prepare Financial Statement; 2) approve procedure for check review.
2. Budget Status: Knight reported that income is on target. Expenses are currently below budget, but many are one-time items due later in the biennium.

B. Committee Reports
  • CEG: Kuper reported that she and Michael would be scoring the CEG exam.
  • OR Specific Exam: Orr reported that of the 7 candidates completing the exam, 3 passed and 4 failed; 2 no shows; 1 left 5 minutes after the start. Candidates in general did not know answer to questions surrounding the Administrative Rules. Orr indicated concern over this lack of knowledge of rules governing the profession.
  • Outreach Committee: Orr will now chair this committee. League of Citiesand Association of Countieswill be included on the newsletter mailing list. Newsletter will work to raise quality of reports prepared by registrants. Kuper recommended setting outreach goals. Need to change address of LUDC subscription.
  • Rules & Regulations Committee: Eldridge reported the statute changes recommended by the committee: 1) add information regarding "investigating any complaint relating to our statutes"; 2) defining the title geologist as meaning registered geologist; and 3) change professional to registered in ORS 672.675 (2). Rules changes: in Division 50, change reciprocity to cooperative; Kuper suggested increasing the Restoration Fee which is currently $10.00; reference to model rules of procedure 809-001-0005 change to December 1, 1999.
  • Professional Practice Committee: Kuper and Michael will be meeting with OSBEELS on April 17th to define practice issues and discuss guidelines. This Committee also needs to define boundary issues of RPG and CEG. A subcommittee of the PPC made up of CEG registrants will soon convene to develop additional questions to expand the question bank for the CEG examination.
  • Compliance Committee: Hester reported that there are currently seven active cases. Hester indicated that he would like Board approval of the Compliance Procedure and approval of a contract for peer reviewers. Michael indicated that pending the issues with OSBEELS, another step might need to be developed in the process of reviewing compliance issues.
  • Legislative Issues: Beaulieu No report.

A. Compliance Matters
  • Hester recommended the following changes to the procedures for Compliance Issues: change 3c to read if complaint is denied, then move to step 5, and 5c to state that the stipulated agreement should include "with hearing, if required, within 60 days". Kuper moved to adopt the Compliance Procedure with the addition of the above two changes. Seconded and passed.
  • Hester presented the proposal to set up contracts with peer reviewers per discussions from our AG. Orr moved to establish a $50.00 contract amount for each peer review under a standard state contract. Seconded and passed.

B. Contract with Hearings Officer Panel
[AC 00 018] Knight stated that this contract must be put in place immediately, as we now have a request for hearing. Hester moved to authorize Knight to work with the AG’s office to finalize the HOP Contract that should include a $10,000 maximum per hearing. Seconded and passed.

C. Administrative Rules & Statutes
  • 1. 809-01-0010: Election of Vice-Chairperson Hester nominated Orr to serve as vice-chair of the Board. Unanimously approved.
  • 809-020-0006(4): Proprietary work of geologists Following a discussion of this rule, the Board confirmed that the present wording is adequate. It does not limit the Board from requesting a report from any person or from reviewing a product prepared by someone holding himself or herself out to be a geologist.
  • ORS 672.665: Hester moved to prepare a legislative concept to incorporate the following wording in statute: Investigation of complaints. The State Board of Geologist Examiners may investigate any complaint or information relating to violations of ORS 672.515 to 672.705. Seconded and passed.
  • OAR 809-050-0040(1) Hester moved to replace the following "that may or may not result in formal charges as provided in ORS 672.665" with this new wording concerning the compliance of Oregon laws ORS 672.515-672.705 and OAR 809 by any person. A complaint may or may not result in formal charges as provided in ORS 672.665.Seconded and passed.
  • OAR 809-050-0040(2)(b) Kuper moved to delete the first line of this rule that reads as follows: Complaints must be in writing and signed prior to processing by the Committee.Seconded and passed.
  • ORS 672.675(2) Hester moved to change the word "professional" to registered. Seconded and passed.
  • OAR 809-050-0010 Hester moved to change the word "Reciprocity" to Cooperative. Seconded and passed.
  • OAR 809-01-0005 Kuper moved to change the in effect date to December 1, 1999.Seconded and passed.
  • Hester moved that the Board authorize the expenditure of up to $500 to hire a CPA for two purposes: 1) review the financial records prior to the preparation of the Financial Statement for the Secretary of State’s audit and 2) preparation of the Financial Statement for the audit. [NOTE: Should the expense be greater than $500, Knight will return to the Board for authorization for additional expenditure.] Seconded and passed.
  • Hester moved that the Board at each Board meeting review the check log of the prior period, but with the addition of the expense column, in order to determine if there are any questions on any transactions. Staff will provide any documentation supporting that transaction to Board Members as requested. Seconded and passed. The Board received the check log of check number 1237 through check number 1298 for review.

A. AC00 046 Lien Rights for Geologists, Jim Luxier: The Board discussed this letter. The Board was in agreement that the statute should include geologists. Knight to contact Construction Contractor’s Board to discuss Board’s position and inquire as to statute change.
B. AC00 096 Douglas County Planning Department, Leslie Wilson: The Board discussed this letter. In response to the questions raised, of our registrants, CEGs can work on geotechnical reports, RPGs cannot. Training and experience in engineering is the difference between the CEG and RPG. A registered professional must stamp all reports. Soil or geotechnically trained engineers competent in soils are qualified to work with geotechnical reports. Knight to write response.
C. AC00 099 Anonymous Inquiry Regarding Title Usage: Can GIT be a "Project Geologist": Board discussion followed. No indication of supervision. It has the appearance of being the potential public practice of geology. This letter will be numbered as a compliance issue and forwarded to the Compliance Chair.
D. AC00 104 Compliance Follow-up Questions, Lynn Merrill: Will the Board follow up with Marion County on the action of the 98-03 Case? Hester noted that our adopted procedure for Compliance Issues now includes notification to any individual, agency, public body, etc. affected by the issue. The Board confirmed that the Notice of Intent took the appropriate action. The Board also discussed the issue of geologists testifying at public hearings. As a registrant, they are under the OAR 809 Code of Professional Conduct in such hearings.
E. AC00 109 City of Salem, Landslide Hazard Study Update, Peter Gutowsky Michael volunteered to draft a response to this final draft presented to the Board for review. All Board members will be asked to review the response prior to issuing. The Board would encourage a peer review process, a check off to see that recommendations are followed, and recognizing that history may be more important than noticed. Gutowsky has requested resonse by April 7th.
F. AC00 120 Licensing for Performing Environmental Work in Oregon, Robert D. Miller: Miller is questioning if an Environmental Company is providing services that require registered professionals to do the work? Groundwater is part of geology. If the work involves Hydrogeology, or any other work that is the public practice of geology, then that work must be stamped by a Registered Geologist. The Board is interested in assisting Miller to be in compliance. Eldridge and Hester to draft letter.

No public present.
Meeting adjourned at 2:50 PM PDT!
Respectfully submitted,
Susanna R. Knight, Administrator