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Meetings
Date, Location and Attendees
MEETING MINUTES
Sunday, June 6, 2004
The Library, Geiser Grand Hotel
Baker City, Oregon
 
Members Present:
Vicki McConnell, PhD, RG, State Geologist
David Michael, RG, CEG, Board Chair
Allen Morris, Public Member
William Orr, PhD, RG
Gary Peterson, RG, CEG
Eileen Webb, RG
 
Staff Present:
Susanna Knight, Administrator
 
No Guests Present

Opening Statement
A Work Session of the Board was convened on Saturday, June 5, 2004, from 4:00 PM to 7:00 PM in the Library of the Geiser Grand Hotel. Present: McConnell, Michael, Morris, Orr, Peterson, Webb, and Knight. Webb presented five revisions and additions to the Administrative Rules that she planned to present for approval at the Board meeting. Discussion and fine-tuning ensued. Discussion was also entertained regarding the development of a hydrogeology specialty certification. Knight presented information to the Board about changes to university geology curriculum across the country and the relationship to environmental issues faced by OSBGE. Michael distributed a June 5, 2004, update of THE WHITE PAPER. He requested assistance from Orr on a paleontology section and from Webb for hydrogeology information.
 
The Meeting was called to order by Chair David Michael at 10:06AM.

I. APPROVAL OF AGENDA
The Board discussed moving the Public Comment agenda item from the end of the meeting to the beginning. Webb requested the addition of VI.C. Letter to ASBOG. Morris moved to approve the revised agenda. Seconded and passed. Michael, yes; Morris, yes; Orr, yes; Peterson, yes; Webb, no. Webb prefers Public Comment at the beginning of the meeting.

II. APPROVAL OF MINUTES
  1. 3/11/2004 Meeting: Webb moved to approve the March 11, 2004, minutes as presented. Seconded and passed. Michael, yes; Morris, yes; Orr, yes; Peterson, yes; Webb, yes.
  2. 4/12/2004 Special Meeting: Webb moved to approve the April 12, 2004, minutes as presented. Seconded and passed. Michael, yes; Morris, yes; Orr, yes; Peterson, yes; Webb, yes.
  3. 5/5/2004 Special Meeting: Peterson moved to approve the minutes of the May 5, 2004, special meeting. Seconded and passed. Michael, yes; Morris, yes; Orr, yes; Peterson, yes; Webb, yes.

III. ANNOUNCEMENT
  1. Next Board Meeting will be held on September 14, 2004, at the Board office in Salem.
  2. Next national ASBOG examination and Oregon geology examination are scheduled for October 8, 2004, in Salem with Orr as proctor. Next CEG examination is also scheduled for October 8, 2004, in Salem with Peterson as proctor.
  3. Next ASBOG COE scheduled for November 3 and 4, 2004, in Idaho.
  4. Next national ASBOG meeting scheduled for November 6, 2004, in Idaho.

IV. REPORTS
  1. Office Report
    1. AR2004-02: Knight distributed her summary of Staff Activities since 3/11/2004. (See attachment.) Knight stated that the Oregon pass rate on the ASBOG examination was 95% for the practice section and 74% for the fundamental section. Both pass rates were above the national average. All three March candidates passed the CEG exam. Knight also stated that the license renewal rate for both March and April was 100% and the May rate was 99%. An April newsletter was published; next scheduled newsletter is for July.
    2. Budget Status for 2003-2005: No report was distributed as the printer terminated Thursday afternoon, June 3. Knight stated that the Board is working within their allotted budget through the first eleven months of the biennium and that the financial report would be available for the next meeting. Peterson and McConnell volunteered to serve as the Budget Committee for the 2005-07 Biennial Budget development.
     
  2. Committee Reports
    1. CEG Examination: Michael stated that all three candidates passed the examination. Two of those candidates were directed to become registered as a CEGs through Compliance review process.
    2. OR-Specific Exam: Orr stated that eight candidates were present for the examination on Friday, June 4, 2004. Although two candidates indicated they were not aware of the need for studying Administrative Rule or Revised Statute questions, the Board confirmed that such a requirement is stated on the web page. Knight has completed reorganizing all questions into a unique number pool. Orr continues to evaluate how to move the examination into a multiple-choice format.
    3. CEG Report Guideline Committee: Peterson/Michael stated that few volunteers have stepped forward. Input on coastal guidelines is still needed.
    4. Hydrogeology Guideline Committee: Webb reported that the outline for the paper is complete. The paper is still a work in progress. Except for two orphaned sections, the draft document nears completion. Webb anticipates that the draft document will be completed by the September Board meeting.
    5. MOU Joint Committee: Peterson reported that the committee met prior to OSBGE’s last Board meeting with two cases presented against CEGs by OSBEELS and two cases presented against PEs by OSBGE. OSBEELS subsequently closed one case despite a request by OSBGE to postpone that decision until after the MOU Committee met and discussed the findings of OSBEELS Law Enforcement Committee. OSBEELS concluded that they had no control over the geology of a PE. Michael consulted with the Board’s attorney regarding this issue. It is clear that OSBEELS has identified a problem. AAG suggested that OSBGE write to OSBEELS and place this problem on their agenda. Michael stated that there is currently a lack of good faith between the Boards regarding the MOU. The MOU Committee must be convened to determine what commitment to the MOU is present.
    6. Outreach Committee: Orr stated that both PSU and OSU are notifying students of cutoff dates for Board examination applications. Orr suggested that it is probably time to issue a letter again to County Commissioners about the regulation of the practice. Peterson is still committed to provide outreach to ACEC regarding the practice of geology. Michael is still committed to talk with the Structural Engineering Association regarding the practice of geology. Michael volunteered to visit Water Resources Department with Orr.
    7. Rules & Regulations Committee: Webb reported that during the Work Session six different rule changes were reviewed. Included in that review was the addition of a hydrogeology specialty license. Five rule revisions or additions are now ready for Board action. [Note: For the following motions, the bracketed language shall be removed from the text and the underlined language will be added to the text.].

      1. Peterson moved to adopt the following language for OAR 809-030-0015:

        809-030-0015
        Qualifications for Geologist Practice Examination
        (1) To qualify to take the geologist examination, an applicant must have a minimum of seven years[’] of geologyexperience computed as follows:
        (a) Two years of experience are granted for an undergraduate degree in geology or a related [field] geological science; or two years of experience are granted to applicants without a degree who have a minimum of 45 quarter hours including 36 upper division or graduate course hours leading to a geology major. These two years’ experience must be included in the seven-year minimum.
        (b) One year of experience, up to a maximum of three years,is granted for each year of graduate study in geology or a related geological science[, to a maximum of three years].
        (c) Credit shall not exceed four yearsfor the undergraduate geology or geological sciencedegree or specific coursework plus graduate study [shall not exceed four years].
        (d) One year of experience is granted for each year spent working under the supervision of a registered geologist; however, a minimum of three years of such experiencemust be completed before any credit is granted.
        (e) One year of experience is granted for each year spent in responsible charge; however, a minimum of five years in responsible chargemust be completed before any credit is granted.
        (f) [One year of experience is granted for every four years spent teaching or doing research in geology at a school which grants graduate degrees in geology, but credit shall apply only toward the five year minimum spent in responsible charge.] Geology faculty may acquire the seven years experience in accordance with the following criteria:
        (A)Meet the requirements of OAR 809-030-0015(1)(a); and
        (B)Five years experience is granted for geologic work conducted in responsible charge as professional faculty activities conducted other than teaching or administrative duties. Such duties may include, but are not limited to, the following:
        (i) geologic report preparation;
        (ii) publication and the preparation for publication of published geologic work;
        (iii) geologic field or laboratory data collection; or
        (iv) geologic data analysis or interpretation.
        (C) Geologic experience must be documented and calculated as a percentage of non-teaching full-time experience such as follows:
        (i) experience documented by the preparation of geology reports or publications; and
        (ii) geologic experience verified by the Board.
        (D) Post-baccalaureate research in geology or a related geological science may be granted for in responsible charge experience, at the discretion of the Board.

        (g) Duplicate credit will not be given for experience and education gained concurrently.
        (h) Experience of less than one month will not be recognized.
        (2) Applicants for the geologist practice examination must:
        (a) Be registered as a GIT in Oregon; or
        (b) [Be a]Apply[ing] to [sit] take [for] the ASBOG fundamental examination on the same day; or
        (c) [Have on file in] Provide tothe [Oregon] Board [office verification] proofof havingpass[ing]edthe ASBOG fundamental examination [in another state].

        Seconded and passed. Michael, yes; Morris, yes; Orr, yes; Peterson, yes;Webb, yes.

      2. Peterson moved to adopt the following changes to OAR 809-050-0000:

        Every registered geologist or certified [engineering] specialtygeologist shall use a stamp, including its electronic image,bearing the name of registrant, the certificate number, and the words “Registered Geologist” or a “Certified Engineering Geologist”. A facsimile of the design and lettering of the stamp appear in Exhibit 1 and may be produced and used in proportion thereof. If the stamped geologic product or document is not otherwise signed by the registrant, then the registrant must sign the stamp in the rectangle provided.

        Seconded and passed. Michael, yes; Morris, yes; Orr, yes; Peterson, yes; Webb, yes.

      3. Peterson moved to add one additional fee to OAR 809-010-0001 as follows:

        (14) File Maintenance Fee, $25.00 per request. This fee is to cover maintaining examination files for passing examinees who decline to register in Oregon. Required prior to releasing verification of passing ASBOG exams.

        Seconded and passed. Michael, yes; Morris, yes; Orr, yes; Peterson, yes; Webb, yes.

      4. Peterson moved to adopt a new section OAR 809-050-0040 dealing with the social security number as follows:

        Required Application Information
        (1) The Board will not issue or renew any registration or specialty certification unless an applicant provides his or her Social Security Number on the application or renewal form. The applicant need not provide the Social Security Number on the application for renewal, if the applicant’s Social Security Number previously has been provided to the agency and is in the record.
        (2) If an applicant has not been issued a Social Security Number by the United States Social Security Administration, the Board will accept a written statement from the applicant to fulfill the requirements of OAR 809-050-0040(1). The applicant may, but is not required to, submit the written statement on a form provided by the Board. Any written statement submitted must:
        a. Be signed by the applicant;
        b. Attest to the fact that no Social Security Number has been issued to the applicant by the United States Social Security Administration;
        c. Assert that the information provided about the Social Security Number is true and correct; and
        d. Acknowledge that knowingly supplying false information under this section is as crime.
        (3) This is a mandatory requirement under ORS 25-785 and under Federal Law USC Section 666(a)(13)(a). Failure to provide the appropriate Social Security Number or written statement attesting to the lack of an appropriate Social Security Number will be a basis for refusal to register or renew an applicant. The Board will maintain a record of the filed Social Security Number.


        Seconded and passed. Michael, yes; Morris, yes; Orr, yes; Peterson, yes;Webb, yes.

      5. Peterson moved to change the definition of misconduct in OAR 809-003-0000 (11) to the following:
        “Misconduct”: - Violation of the Code of Professional Conduct adopted by the Board, or any state or federal rule or statute in the course of the practice of geology, or aiding or abetting any person to violate any state or federal rule or statute in the course of the practice of geology.

        Seconded and passed. Michael, yes; Morris, yes; Orr, yes; Peterson, yes;Webb, yes.
  1. Professional Practice Committee: Michael stated that Orr has agreed to assist in developing a paleontology section for the WHITE PAPER. Webb will assist in developing information about Phase I and Phase II ESA Reports. Knight distributed two recent emails that reflect the types of questions that she hopes will be answered in the WHITE PAPER. Peterson will respond to one email; Webb will draft a response to second email.
  1. Compliance Committee: Morris reported that a Default Order was issued to NWAS for failing to respond to the Board. The clock is running on a 60-day window to appeal. The Board will delay acting on the NWAS franchisees until NWAS case is concluded. Morris also reported that the Compliance Committee met on June 2, 2004, with the respondent in a complaint from the city of Portland. Peterson will do follow up from that committee meeting. Morris also shared that a recent NOTICE OF INTENT to discipline a registrant encountered two issues. The respondent failed to request a hearing within the 30-day window allotted and the original notice stated incorrect OAR numbers in two places. Webb shared that she attended a meeting along with Orr, Knight, and AAG Chute with Senator Jackie Winters on April 29, 2004, to discuss compliance procedures.
  2. Legislative Issues: Knight reported that no information has been received regarding the one Legislative Concept submitted by the Board. That concept confirms that all transcripts must reflect the 45 geology hours.

V. CORRESPONDENCE
None presented.

VI. OLD BUSINESS
Litigation Monitoring Agreement: A draft of a Litigation Monitoring Agreement was distributed. The purpose of such an agreement is to delay pursuing a compliance concern if it deals with a situation currently under review by a county, city, etc. Board Members are to review and offer revisions prior to the September meeting. The Agreement will be placed on the September agenda.

VII. ITEMS FOR BOARD ACTION
  1. Webb moved to issue an amended NOTICE OF INTENT for Compliance Case #03-03-002.
     
    Seconded and passed. Michael, yes; Morris, yes; Orr, yes; Peterson, yes; Webb, yes.
     
  2. Webb moved to approve check log #1975 to #2017.
     
    Seconded and passed. Michael, yes; Morris, yes; Orr, yes; Peterson, yes; Webb, yes.
     
  3. Webb moved that the Board issue a letter to ASBOG requesting that ASBOG refrain from using Social Security numbers as an official ID# for candidates sitting for the ASBOG examination and develop an alternate number.
     
    Seconded and passed. Michael, yes; Morris, yes; Orr, yes; Peterson, yes; Webb, yes.

VIII. PUBLIC COMMENT
There was no public present to comment. The meeting was adjourned at 1:25 PM.
Respectfully submitted,  
Susanna Knight
Administrator
 
(Minutes were approved at the September 14, 2004, quarterly Board meeting)