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Date, Location and Attendees
Monday, June 10th, 2002
Shilo Inn Oceanfront, Seaside, Oregon
Members Present:
John Beaulieu, RG, CEG, State Geologist
David Michael, RG, CEG
William Orr, RG, Board Chairperson
Gary Peterson, RG, CEG
Eileen Webb, RG
Members Absent:
Charles Hester, CPA, Public Member
Staff Present:
Susanna Knight, Administrator
Chairman William Orr called the meeting to order at 9:00 AM. The meeting was preceded by a Board Work Session on Sunday, June 9, from 4:00 PM to 10:00 PM and from 8:30 AM to 9:00 AM Monday, June 10.

Beaulieu requested that updating the Action List be placed as a final Board Meeting item if time allows. The agenda was approved with this addition.

The minutes of the 3/11/2002 meeting were approved and will replace the draft minutes on the website.

  1. The Board Meeting scheduled for September 11, 2002, will be held at The Association Center, but in the COSA Conference Room, not Conference Room A or B. The length of the agenda will determine the meeting time.
  2. The December 9, 2002, Board Meeting will be scheduled on the campus of Portland State University, Portland. An invitation will be extended to Geology Faculty Members.

  1. Office Report
    1. AR2002-02: Knight distributed a SUMMARY OF STAFF ACTIVITIES since 3/11/2002. She indicated that she has met often with other semi-independent Boards in the pursuit of co-owning a building. In addition, she reported that she had attended the California Geology Board Meeting in Sacramento on March 25,2002 and discussed with that Board the concept of reciprocal recognition of the Certified Engineering Geology (CEG) examination. The California Board referred this request to its Examination Committee. The CEG Member of the Washington Geology Board will attend the Examination Committee Meeting. Knight also announced that the office will be closed June 19 to 21, July 5, and August 30, 2002.
    2. Budget Status for 2001-2003: The expenditures are currently under budget. Although interest payments are below projected budget, renewals are above projected budget so the net income is above projected. Knight did point out that the overage in out-of-state travel was due to reimbursement to CEG registrants for participation in the new CEG examination development Focus Groups held primarily in Olympia, WA.
  1. Committee Reports
    1. CEG Exam: Peterson stated that it is time for a moment of celebration with the completion of the first joint Oregon/Washington CEG examination that resulted from the hard volunteer work of four CEG Focus Groups. Psychometricians are completing the final piece, determining the passing score (cut score) based on Focus Group IV, which took the exam and evaluated each question. Finalizing the question bank and completing their final report to the two State Boards will conclude the work of the psychometricians. Peterson indicated that ongoing work will be to complete additional questions for the bank. This will be an ongoing effort with the Washington Board. Peterson noted that the inaugural date for the new exam format will be October 4, 2002. Knight was instructed to contact the Washington Board regarding its exam review process. Michael moved to revise the Administrative Rule to restrict access by examinees to review of their failed CEG examinations due to the limited question bank. Seconded and passed. Knight to research any rule and statute implications of this decision.
    2. OR Specific Exam: Orr reported that all fifteen candidates from the March 15, 2002 examination passed. He stated that Knight proctored the examination for five candidates this past Friday (June 7, 2002). Discussion was held surrounding the development of additional questions for the Rules/Laws section. Additional questions will be developed in the September Board Work Session.
    3. Outreach Committee: Orr requested that Knight compile names of Environmental Faculty from around the state and distribute the letter previously prepared. Michael stated that in working with the Structural Engineering Sub-Committee of the Structural Engineering Association, he is concerned that they are not tuned in to the Geotech community and suggested that the Geology Board consider an outreach effort. Peterson suggested an outreach effort to American Consulting Engineers Association (ACEC) to give exposure about geologist registration, the activities of the Geology Board, and the MOU with the Engineering Board. He recommended that the Board contact Allison Davis, Administrator, regarding the possibility of being a presenter at their Fall Retreat at Salishan.
    4. Rules & Regulations Committee: Webb reported that two rule questions had been directed to her. A) The current Board approved stamp used by registrants to stamp their work has a space through the center. It has been assumed that registrants were required to sign through the stamp. However, there is currently nothing in rule or statute specifying the purpose of the blank. Following the discussion, the Board stated the registrant may sign through the stamp or they may place their expiration date in the blank area. B) The examination application cutoff date has been crowded by the Spring ASBOG exam order date. Following discussion of current and previous procedures in establishing cutoff dates, Webb moved to change OAR 809-040-0001 to state "Applications to take examinations must be postmarked 120 days before the date of the examination for which the applicant is applying." Seconded and passed.
    1. Professional Practice Committee: Michael reported that yesterday's Work Session spent an extensive amount of time on review of the draft "White Paper" he had prepared. He stated that he would revamp the layout so that each policy is accompanied by its rationale. RG hydro issues will be addressed as well as Soil Matrix border issues. Also included will be clarification about the 3/5 years of experience required to sit for the examination. He will then provide the second draft to all members. He also encouraged all members to forward additions that they see as important and that have not yet been addressed. The term geologist was also discussed and in particular, the title "State Geologist". ORS 672.525(2) discusses the use of the title "geologist". The Board will address a letter to DOGAMI to clarify application of this statute to their "State Geologist" title/position.
    2. Compliance Committee: Knight reported in Hester's absence that numerous Compliance Committee meetings have been held since the last Board meeting. Aside from the cases referred to OSBEELS, there are two cases in process and two outstanding cases from the 1999-2001 biennium that need to be completed. No response has been received from OSBEELS to letters requesting the status of cases and the convening of the Joint Committee as outlined in the MOU. Michael/Peterson were directed to contact Albright/Kelsay (OSBEELS Joint Committee members) and convene a meeting. Knight will contact former Board Member Eldridge and ask her to serve as the technical member on the committee for CC #01-04-003. She reviewed this case prior to her departure from the Board. If she is unable to assist, Webb will review and serve as the technical member of the committee. Knight reported that 18 new cases have been opened since 7/1/2001. Three will be acted on at today's meeting. All others are still under review. Beaulieu reported on CC#01-12-017. He stated that a non-registrant compiled a booklet titled "Well Study" for a public hearing. The bound booklet was a compilation of information, but gave the appearance that it was the public practice. Following a meeting with the Compliance Committee, Beaulieu recognized that it was not the intent of the person to be acting as a geologist but rather to be certain all information was before the Hearing Panel.
    3. Legislative Issues: Beaulieu distributed copies of Legislative Concept paperwork delivered to DAS in preparation for a statute change of ORS 672.555(2)(a) during the 2003 Legislative Session. In addition to removing language that was only applicable during the grandfathering period of 1978, the Board is seeking to clarify that in addition to completing a degree, the degree transcript must include the 45-quarter-hour requirement (of which 36 hours are upper division geology courses). Beaulieu stated that the Board must bear the cost of the Legislative Counsel process. He indicated that with the addition of a new Governor after the initial review of concepts by the current Governor, it is not possible to forecast whether the statute will move forward.

  1. AC 02-03-069: Long requested that his CEG practice questions be forwarded to the Joint Committee of OSBEELS/OSBGE as set up by the MOU. The Board discussed this and acknowledged that the committee has not yet met nor is it the intent of that committee to meet over practice questions. The purpose of the MOU is to refer cases of complaint within areas of common practice to the Joint Committee. In discussing Long's questions, the Board is of the opinion that such questions can be regulated within individual firms and agencies. Although professions are broadly addressed in statutes, the emphasis is not on legislating detailed boundary lines between professions. Legislation and rules are aimed at protecting the public with emphasis on training and expertise. With this in mind, cases referred to the Joint Committee will be evaluated on a case-by-case basis. Evaluation of an individual's qualifications, training and experience will determine whether that individual is practicing within his/her area of expertise. Consequently, if individual firms and agencies choose to define areas of practice for particular disciplines, they are free to develop those criteria for in-house practice areas. Knight will draft response to Long.
  2. AC 02-03-072: Email from Nick Coffey, RG: Request for Development of Guidance Memo: The Board confirmed that the current Code of Ethics reminds registrants that they have a duty to the public as well as their clients. The Board could see no need for an additional guidance memo.
  3. AC 02-03-105: Email from Larry Brown, RG: Website address request: The Board stated that since the database allows only one address to serve as the address of record, this registrant must select one address. The option is not available to have one address on the website and a different address for Board mailings.
  4. AC 02-03-066: Letter from Kent Mathiot, RG. Supervision question: The Board reviewed the statement "We also allow trained and experienced professionals to conduct field work independently, as long as that work has been planned and will be reviewed by a Registered Geologist." The Board has no problem with this statement.
  5. AC 02-04-128: Letter from Jonathan Sprecher, RG: Statute Change for ORS 701.005: The Board will be happy to review any legislation that Jonathan Sprecher might have introduced into the next Legislative session.
  6. AC 02-05-155: Email from Diana Phelan, RG: Use of Geologist Stamp: The Board does not choose to list items that do or do not require a stamp. Any work that involves the public practice of geology does require a stamp. Geological characterization and subsurface work would generally fall in that category. In addition, evaluation of groundwater transport of contaminants is considered public practice of geology/hydrogeology. Recitation of published geologic work is not considered the public practice of geology, if references are clearly cited.

The Strategic/Long Range Issues were discussed. With the addition of 5)d) change rule of 20 years regarding in responsible charge experience for professors, Michael moved to adopt the draft as a permanent document but not to prioritize items, as many of them are being concurrently reviewed. Seconded and passed.

  1. Compliance Matters  
    1. Beaulieu moved to close CC #01-12-017 by issuing a LETTER OF CONCERN to a public person stating that extra care must be taken in the assembly and distribution of isolated geologic statements from professionals. Such format of a product may appear to be the public practice of geology without a license, even if there is a brief disclaimer. This is particularly true when numerous separate items are consolidated into one document to conform to the suggestions of a hearings process. Seconded and passed.
    2. Michael moved to close both CC#01-12-015 and CC #01-12-016 by issuing a LETTER OF CONCERN to both the unregistered individual and the GIT for working outside the scope of the project. In addition, issue a closing letter to the City of Springfield indicating that in the future, hiring the appropriately registered professional could prevent such a problem and cost over run. Seconded and passed.
  1. Approved continued registration of E1471 as a CEG: Peterson reported on findings of exam review by Peterson and Michael. Based on their review, the CEG registration should continue. Peterson so moved. Seconded and passed.
  2. Approve Check Log: Peterson moved to approve check log #1625 to #1668. Seconded and passed.
  3. The ongoing Action List of the Board was reviewed and updated.

No public comment was received.
Chairman Orr adjourned the meeting at 2:30 PM.
Respectfully submitted,
Susanna Knight