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Date, Location and Attendees
Tuesday, October 3rd, 2000, 1:00 PM
The Association Center, Salem, Oregon
Members present:
John Beaulieu
Audrey Eldridge
Charles Hester, Public Member
Dorian Kuper
David Michael
William Orr
Susanna Knight, Administrator
Guests Present:
Bruce Scherzinger, RG

Edridge called the meeting to order at 1:09 PM. The following changes to the agenda were approved due to Hester’s departure at 2:00 PM and Beaulieu’s departure at 2:30 PM:
  1. Hester requested to move the Compliance Issues to the top of the agenda.
  2. Hester requested to add Index of Board Policies and Legal Opinions as an action item and move to top of the agenda.
  3. Hester requested to move the Mission Statement to the top of the agenda.

II. APPROVAL OF MINUTES of 7/7/2000 Meeting
Hester moved approval of July minutes as presented; seconded and passed.

  1. Board Meeting December 12, DOGAMI Conference Room, Portland; time to be determined by length of agenda items.
  2. Establish Board Meeting Dates for 2001. Hester suggested the following tentative meeting dates and locations for 2001:
    March 13th, Tuesday, Coast
    June 5th, Tuesday, Eastern part of state
    September 18th, Tuesday, Salem
    December 18th, Tuesday, DOGAMI, Portland
  3. Eldridge acknowledged this as the last official meeting for Dorian Kuper and expressed gratitude from the entire Board for her many contributions while serving as a Board Member these past seven years.

  1. Office Report
    1. AR2000-03: Summary of Staff Activities since 7/1/2000
      1. Chief Officer of Hearing Panel Tom Ewing met with semi-independent board administrators last week to discuss the Hearings process.
      2. Secretary of State Audit was held last Thursday in the Board office.
      3. Budget Status for fiscal year 7/1/1999 to 6/30/2000 [AC 00359 ] This is the Annual Report to DAS.
      4. Work Study student has been hired.
      5. CPA costs need to be added as a line item for the budget.
    2. Out of office for ASBOG meeting October 11, 12, and 13th. Out of office November 8th and 9th for vacation.
  2. Committee Reports
    1. CEG: Michael/Kuper: Michael reported that additional changes were added to the September examination. Kuper suggested opening discussions with California regarding examination reciprocity. State specific questions can be continued. Michael is charged with scoring the examination. No update of guidelines has occurred.
    2. OR Specific Exam: Orr reported that eleven candidates sat for the exam the evening of the ASBOG exam: 6 passed and 5 failed. The next Oregon Specific Examination will be held December 8, 2000.
    3. Outreach Committee: Orr reported that he has participated in numerous activities. August 13th, Orr attended the LCDC Goal 7 Meeting; August 24th, city of Sandy for a Hearing on Slope Hazard Ordinance (Michael also attended); on September 5th, Orr and Knight attended a meeting with the UST group at DEQ in Portland. Orr will attend a Conference on Friday, October 6th, in Newport. Orr will also serve on the Council of Examiners for ASBOG next week in Atlanta as well as the Board delegate.
    4. Rules & Regulations Committee: Eldridge distributed additional rules required by SB 1126 identified as Division 1: Procedural Rules.
    5. Professional Practice Committee: Michael reported that discussions are ongoing with OSBEELS over practice issues. Asst AG Chute continues to develop a draft response to Board questions.
    6. Compliance Committee: Hester distributed the October Compliance Report.
      1. CC #99-01-001: Compliance Committee has determined that this unlicensed person has publicly practiced geology. One violation has been received involving a tank removal.
      2. CC #99-02-002: PE publicly practicing geology; action suspended pending outcome of practice issue discussion between OSBEELS and OSBGE.
      3. CC #99-08-011: Registrant complaint against another registrant of theft of report. Research has revealed that the client for whom the report was prepared released the report. Insufficient evidence to indicate that there was any violation. Hester recommended that the Board place on the agenda for future discussion the following: if a registrant makes an allegation against another registrant and cannot substantiate that allegation, is that an ethics violation?
      4. CC #99-12-012: Registrant complaint against another registrant of violation of Code of Ethics. Peer reviews have been completed. Compliance Committee has met with respondent. Additional information is being requested of the complainant. No action requested at this time.
      5. CC #00-04-001: Per Board direction in the April meeting, Compliance Committee was to determine if a report writer titled "Project Geologist" properly identified himself. A review of the information revealed that the public practice of geology did not occur in this report. However, the Board would encourage registrants to identify themselves, in this case, using the GIT designation. The individual signing as a Project Geologist is indeed a Geologist-in-Training.
      6. CC #00-04-002: DEQ has taken specific action (revoked his UST license) against this Registered Geologist for fraudulent reporting. DEQ has reported this action to our Board. Committee is currently evaluating this issue. No recommendation at this time.
      7. CC #00-04-003: Park report for city failed to include a Registered Geologist on the project team. Technical review has occurred; additional information is being solicited from various members of the consulting team. No recommendation at this time.
      8. CC #00-05-004: DEQ inquiring if geology being practiced without valid license. Peer Reviews pending.
      9. CC #00-05-005: DEQ inquiring if geology being practiced without valid license. Peer Reviews pending.
      10. CC #00-06-006: Registered Geologist possibly doing CEG work.
      11. CC #00-06-007: Closed due to lack of evidence.
      12. CC #00-06-008: PE practicing geology; referred to OSBEELS following our July meeting; no response as of this date.
      13. CC #00-07-009: Registrant issuing concern of public practice of geology without a license; technical review indicates that this report was a Phase I Report without any site specific data. Insufficient evidence.
      14. CC #00-07-010: Registrant issuing concern of public practice of geology without a license; technical review indicates that this report was a Phase I Report without any site specific data. Insufficient evidence.
    7. Legislative Issues: Beaulieu reported that the following issues will probably be the ones that our Board needs to be watching:
      1. Registration & Hazards coming up often;
      2. Legislators with Board issues;
      3. 3 bills of our own;
      4. Goal 7 may come up;
      5. 3 Seismic Bills coming out of interim committees; and
      6. Possibly an approach recommending a global process for better care of hazards.

  1. AC 00 276A: Letter from exam candidate requesting direction from the Board for exam prep after failing two times. Discussion was held regarding the 45-geology hour requirement. Guideline for coursework should be provided to staff. Issue letter requesting hours of prep, bibliography of study materials, and letter from supervisor indicating level of responsibility.  
  2. AC 00 298: Letter from David Cummings, Continuing Education requirement is being challenged in CA. The case is currently in their Court of Appeal. No information is yet available due to the appeal status.  
  3. AC 00 373: Letter from Doug Williamson, CEG, Requirement for SS#: This requirement is based on dead-beat dads and is a state Statute requirement. SS numbers are not released.

  1. Compliance Matters
    1. CC #99-01-001: Kuper moved to issue a Notice of Intent to Issue Civil Penalty. Seconded and passed.  
    2. CC #99-08-011: Orr moved to close the case due to insufficient evidence that a violation had occurred. Seconded and passed.  
    3. CC #00-04-001: Beaulieu moved to issue a letter to the GIT indicating the Board’s request that he identify himself in his work by his proper registration with the Board. Seconded and passed.  
    4. CC #00-07-009: Orr moved to close this case, not the public practice of geology; seconded and passed.  
    5. CC #00-07-010: Kuper moved to close this case, not the public practice of geology; seconded and passed.
  1. Rules and Regulation
    1. Kuper moved to proceed with the new Procedural Rules as presented. Seconded and Passed.  
    2. Statute amendment: Michael moved to remove the word professional from ORS 672.605 following a recommendation from Legislative Counsel upon review of LC 1037. Seconded and passed.
  1. Other
    1. Mission Statement, Hester distributed the Oregon Blue Book statement of the practice of geology in addition to the three draft statements that he compiled. He recommended that the Board adopt a Mission Statement to place on our web page, etc. Hester asked that the Board discuss this information in December and develop the final statement. Kuper stated that it is important to include both ethics and outreach in the statement.  
    2. Payment to Grove, Mueller, Swank, P.C., CPA: Audit of payroll books. Beaulieu moved to issue the $700 payment. Seconded and passed. Beaulieu moved to authorize Board Chair to give approval to any such payments in the future. Seconded and passed.  
    3. Index of Board Policies and Legal Opinions: Hester distributed a list of policies and legal opinions of which he is currently aware. He requested that if any Board member is aware of additional such information, would they please forward that information to him so that he can include it in the index.

Bruce Scherzinger indicated that since the meeting was in town, he choose to stop in. He commented that the examination would determine who could become registered, not the actual degree. Meeting the 45-hour requirement initially should allow them into the exam.
Eldridge bequeathed the gavel to Orr as the new Board Chair.
Kuper moved to adjourn at 3:00 PM. Seconded and passed.
Respectfully submitted,
Susanna R. Knight