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Date, Location and Attendees
Heceta Room, The Adobe Motel, Yachats, Oregon
Friday, July 7th, 2000, 10:00 AM
Members Present:
Audrey Eldridge
John Beaulieu
Dorian Kuper
David Michael
William Orr
Member Absent:
Charles Hester
Guests Present:
David Charlton, RG
Tom Kuper, CEG
Robert D. Miller
Staff Present:
Christine Chute, Attorney-in-Charge
Susanna Knight, Administrator

The meeting was called to order by Chair Eldridge at 10:10 AM. Eldridge requested the following adjustments to the agenda:
  1. Public Comment directly after the announcements.  
  2. Add the following ITEMS FOR BOARD ACTION:  
    1.  D. AG OPINION, CEG/PE Scope of Practice;  
    2.  E. CC 99-03-005;  
    3. F. AC 00 257: Delegation of Authority, Chute Recommendation;  
    4. G. Election of Chair and Vice-Chair;  
    5. H. Ordinance for Tillamook County.
  3. Add AC 00 268: Zbinden Memo as I. under CORRESPONDENCE.  
  5. Address ACTION ITEMS V.D. AND V.E. directly after PUBLIC COMMENT.
Kuper moved to approve the adjusted agenda. Seconded and passed.

II. APPROVAL OF MINUTES of 4/2/2000 Meeting
Beaulieu moved to approve the April 2, 2000, minutes as presented. Seconded and passed.

Chair Eldridge offered congratulations to David Michael on his recent marriage and Chair Eldridge offered congratulations to William Orr for his outreach at the DEQ/UST Training held in Portland in May. In addition, the following Board dates were announced:
Board Meeting October 3, 9:00 AM, The Association Center, Salem
Board Meeting December 12, DOGAMI Conference Room, Portland

Robert D. Miller, Robert D. Miller Consulting, requested time to talk with the Board over practice issues. The Board responded to his questions regarding pollution, water, remediation, and well drilling. Miller indicated that he has hired a Registered Geologist.

V. ITEMS FOR BOARD ACTION with Board Attorney Chute present.
  1. CEG/PE Scope of Practice: Chute informed the Board as to the three ways to address issues:
    Letter from Board Attorney; Informal AG Opinion in which "parties" and their attorneys, in this case, OSBEELS and OSBGE, have input; or Formal AG Opinion signed by Hardy Meyer with input from agency attorneys. Following extensive discussion, Orr moved to allocate resources for an Informal Attorney General’s opinion regarding Certified Engineering Geologists practicing in the arena of engineering. Seconded and unanimously passed.
  2. CC #99-03-005: Eldridge recused herself from this Action Item. Chute updated the Board on activities. Following the Board’s March 12th Notice of Proposed Sanctions in which the Board stated that a GIT was working without supervision and the prepared report was below the expected standard, discussions between the board’s attorney and the registrant’s attorney led to a Consent Order. That order was signed on June 12th by the registrant. In the Consent Order, the registrant agreed to a $2000 fine and a letter of reprimand. Beaulieu moved to authorize Vice-Chair William Orr to sign on behalf of the Board. Seconded and passed. Eldridge recused.
[AT 11:40 AM, the Board recessed for a Public Rulemaking Hearing. The Board reconvened at 11:50 AM.]

  1. Office Report
    1. AR2000-02: Summary of Staff Activities since 4/2/2000; Kuper moved to acknowledge Check Log #1299 to #1338. Seconded and passed.  
    2. Budget Status for fiscal year 7/1/1999 to 6/30/2000; Knight distributed the comparison of Budget vs Actual for the first year of the biennium.
  1. Committee Reports
    1. CEG: Michael/Kuper: Committee to be convened to build question bank.  
    2. OR Specific Exam: Orr reported that of the seven June 9th candidates for the Oregon Specific Examination, all passed. In addition, Orr reported that the next ASBOG and Oregon Specific examinations are scheduled for Friday, September 15. Orr will proctor; Eldridge is available; staff to check on availability of Hester. Beaulieu stated that SS#’s should not be used as examination identification numbers.  
    3. Outreach Committee: Orr reported three outreach efforts since the last meeting.
  1. Compilation of continuing education information requires additional responses before further discussion.  
  2. Letters were issued by the Board Chair to all City Managers of cities with 10,000 or over population as well as to all Chairs of County Commissions sharing with them the Board’s role and interest in assisting them with public practice of geology issues.  
  3. Presentation at the DEQ/UST Training on May 8th in Portland was well received. A handout was prepared and distributed. Orr made himself available to answer additional questions.
  1. Rules & Regulations Committee: Eldridge reported that no meeting has been held since the last Board Meeting. Next scheduled meeting will be in September.  
  2. Professional Practice Committee: Michael has been working with the AG’s office on CEG/PE practice issues. Two committee meetings were held, one with two representatives from OSBEELS; the other included Board Members, our AG and other interested registrants. Michael will report back to the October meeting on RG/CEG practice issues and will draft a letter of response to AC 99 180 for Board review. Kuper suggested an update to the CEG Guidelines in light of the coastal issues.  
  3. Compliance Committee: Hester’s prepared July 2000 report was distributed.  
  4. Legislative Issues: Beaulieu reported that there are four issues that the Board should be aware of during the next session: LCDC Goal 7, Hazards; CEG/PE Issues; Hannon’s bailout clause; and repercussions of SB12. Beaulieu recommended that legislative questions be filtered through the Board for a Board response rather than answering as an individual for the Board.
[AT 12:35 PM, the Board recessed for a Lunch. The Board reconvened at 1:40 PM.]

  1. AC 00 170, Robert D. Miller [Groundwater Issues] The Board felt that a good discussion was held with Miller early in today’s the meeting. Staff should send a follow-up letter thanking him for appearing and recognizing his compliance by hiring a Registered Geologist to do the public practice of geology work in his firm.  
  2. AC 00 209, City of Bay City [Ordinance No. 566] Cost issue should not be an issue. Statute requires that Engineering Geology work must be done by a CEG, not an RG. Staff should respond and include wordsmithing of Section 2(b) in Bay City Ordinance. Include copy of Rules and Statutes.  
  3. AC 00 226, Douglas County [Follow up Questions, Implementation of SB12] Michael & Beaulieu to craft response for Board review.  
  4. AC 00 231, Alejandro E. Soto, President, Puerto Rico Geologist Examiners Board [Request to open discussions with the Board regarding comity/reciprocity] Staff to issue AC 00 231 stating that our Board practices Cooperative Licensing. ASBOG passing scores are recognized, but applicants must meet our experience requirement and pass the Oregon Specific Geology Examination.  
  5. AC 00236, Daniel Uldall, RG [After two failures, evidence, satisfactory to the Board per 809-040-0022(2)] Staff will request the following: 1) Letter from supervising CEG; 2) List of Projects; 3) List of study materials and /or ongoing coursework; and 4) a timeline of planned preparation hours. F. AC 00 250, Doug and Leslie Terra: Newport Geologic Ordinance Issues: Eldridge stated that the Board realizes that this is not a Board issue, however, the Board has reviewed the concerns and suggests that the information be forwarded to LCDC, Anne Beier as the Goal 7 person. Attorney is Rich Whitman (cc info to him) and cc info to Terras.  
  6. AC 00 270, Erin Moran: After two failures, evidence, satisfactory to the Board per 809-040-0022(2): Moran has indicated her study plans in her letter in preparation for the September GIT examination. The Board would also request a letter from her RG supervisor indicating the level of responsibility on job; what is her level of professional ability; and is increased responsibility given with supervision.  
  7. AC 00 269, John J. Renda: Experience requirement for exam: Eldridge summarized Renda’s request which is to have all experience combined, including two years in CT & Mass where the work was not under an RG ( those states do not have geology registration) so that he can meet the requirement. ORS 672.555 2 (b)  
  8. AC 00 268, Richard Zbinden, CA Field of Expertise: Eldridge summarized the information included in the memo from Zbinden. California has pulled this doucment, it is no longer used, and California is not interested in pursuing such a document. Eldridge and Knight will craft letter to Zbinden indicating California’s input and this Board’s position.

  1. Compliance Matters  
    1. CC 00-06-007: Beaulieu reported that this is an issue of early stages of water witching. However, none of the provided information indicates that he is practicing in Oregon. The advertising supplied does not constitute the public practice of geology. Recommend a letter to the respondent stating that if he is publicly practicing geology, he must be registered. Include rules and statutes. Issue letter to complainant indicating that none of the information provided indicates practice in Oregon. If paperwork is available of reports done in Oregon that constitute the public practice of geology, the Board can review those.
    2. CC 00-06-008: Beaulieu reported that he has reviewed three different reports submitted by DEQ and prepared by LaVielle, PE. Each report contained Seismic information, which is not a required component in any of the reports. Of concern is that the Seismic information was the same on each report, as if a template was used. A report for Stone Cliff Properties constitutes the public practice of geology. Beaulieu summarized that geology is not incidental to the report. Beaulieu moved to go forward with the LaVielle/Stone Cliff Properties report by 1) sending a copy of the report to OSBEELS indicating that a Professional Engineer is involved in the public practice of geology and 2) issuing a letter to LaVielle regarding his practice of geology. Seconded and passed.
    3. CC 99-07-010: Eldridge summarized the issues of this case. City of Eugene report, much like a Phase I, in which the public practice of geology occurred without a Registered Geologist. City must understand that if public practice of geology occurs, they must use a Registered Geologist. Eldridge moved to close case upon issuance of draft letter to the city with the following additions: 1) public practice of geology did occur; 2) cc to Bruce Newhouse with rules and statutes; 3) ask the question "Did additional investigation occur?" Seconded and passed.
  1. Legislative Placeholder Concept # 967/00-04: Geologist Concurrent with Registered Geologist, Bealulieu moved to withdraw the placeholder. Seconded and passed. Additional discussion occurred regarding Concept #967/00-03, Lien Rights of Professional Geologists. The question asked by the Legislative Concept office "is this necessary?" The Board states that the purpose of this concept is to bring status of geologists parallel with other equivalent professionals. This concept has the support of the Construction Contractor’s Board Administrator.
  2. Annual Administrator Review, Eldridge and Orr have completed the review. Discussion to be held during Executive Session following close of regular meeting.
  3. Delegation of Authority: Beaulieu moved that the Board delegate to the Administrator the authority to act for the Board on all matters arising under the Attorney General’s Hearing Officer Panel Rules, OAR 137-003-0501 to OAR 137-003-0700, except for the taking of official notice of facts within the specialized knowledge of the Board under OAR 137-003-0615, providing substantive answers to questions presented to the Board under OAR 137-003-0635, and providing a substantive ruling on matters upon which immediate Board review is sought under OAR 137-003-0640. Seconded and passed.
  4. Election of Chair and Vice-Chair: Orr nominated as Chair; Hester nominated as Vice-Chair. Unanimously elected. Beaulieu moved that new term become effective 10/5/2000. Seconded and passed.
  5. Ordinance for Bay City: Engineering Geology work must be completed by a CEG. Cost question is not an issue. Safety of citizenry is the purpose of ordinance, and ordinance must reflect statute. Board recommended wording change to Section 2(b) as well as including copies of rules and laws. Tillamook County Ordinance was also discussed. DOGAMI will route comments to Tillamook County
The Board set two possible dates for a Special Meeting surrounding compliance issues should the Compliance Chair and Board Chair determine it is needed: August 3rd, 2:00 PM and a backup date of August 14th.
Chair Eldridge announced that the Board of Geologist Examiners will now meet in executive session for the purpose of reviewing the Administrator position. The executive session is held pursuant to ORS 192.660 1 (j), which allows the Board to meet in executive session to review and evaluate the employment related performance of the administrator whose performance is being reviewed and evaluated. Executive session convened at 3:35 PM.
The Board returned to regular session at 3:40 PM. Eldridge moved to assign the Administrator position to the PEM B status (26x), and to set the Administrator’s salary at the 4th step. Seconded and passed.
The meeting was adjourned at 3:43 PM.
Respectfully submitted,
Susanna R. Knight