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Date, Location and Attendees
Friday, September 9, 2005
Conference Room, Sunset Center South
Salem, Oregon
Board Members Present:
Gary Peterson, RG, CEG Board Chair
Eileen Webb, RG, Vice Chair
Vicki McConnell, Ph.D., RG, State Geologist              
David Michael, RG, CEG [departed at 3:50 PM]         
Allen Morris, Public Member               
William Orr, Ph.D., RG
Staff Present:
Susanna Knight, Administrator
Guests Present:

Work Session
The meeting was preceded by a Board Work Session convened at 9:00 AM by Chair Gary Peterson.
  • Peterson asked the Board’s input on a recently received email from a well driller from the state of Washington who expressed concern with National Water Aquifer Surveying (NWAS).  The Board also discussed documents received from an attorney representing a group of franchisees from multiple states, who will be in arbitration with NWAS.
  • Knight explained the hearing process through the Office of Administrative Hearings as a hearing has been requested by the registrant who received a Notice of Disciplinary Action following the last Board meeting.
  • The Board discussed applicant names for the two Board positions to be available for appointment in November 2005.
Assistant Attorney General Christine Chute arrived at 10:00 AM.  At 10:15 AM, Peterson read the following statement:
“The Board will now meet in executive session for the purpose of reviewing documents that are exempt by law from public inspection under ORS 192.660(2)(f).  Representatives of the news media and designated staff shall be allowed to attend the executive session. All other members of the audience are asked to leave the room.  Representatives of the news media are specifically directed not to report on any of the deliberations during the executive session, except to state the general subject of the session as previously announced.  No decision will be made in executive session.  At the end of the executive session, we will return to open session and welcome the audience back into the room.”
The Board returned to the open session at 10:30 AM.  At that time, Chair Peterson stated that no decisions had been made during the Executive Session.
  • The Work Session continued with a discussion of the NWAS arbitration.  The Board would like to know what happens if the franchisees do not get resolution in the arbitration process.
  • The Board then began a review of The White Paper draft of June 2005.  A Table of Contents was brainstormed, and information in the draft was re-aligned.  Michael is to refer concerns of the Board back to the Professional Practice Committee for additional revision.  The draft will be revisited at the November 2005, meeting.
During the working lunch:
  • the Board discussed the draft language for OAR 809-050-000, stamping/sealing documents.  This rule has had a thorough review by the Rules Committee.
  • State Geologist McConnell discussed DOGAMI’s position regarding stamping documents.  Professional publications are not stamped.
  • The Board reviewed the ACTION LIST and offered numerous updates.
  • Webb suggested that the compliance flow chart be placed on the web page.
The Board meeting was called to order by Chair Peterson at 1:30 PM.

The meeting agenda was approved with the following additions: 
  • III. (D) DOGAMI, Coastal Processes and Hazards Working Group Working;
  • III. (E) One-day program titled: “Legal Issues for Oregon Professional Engineers”;
  • VII(C) Election of Officers per OAR 809-001-0010;
  • VIII(E) change check number to 2205, not 2025.

McConnell moved to approve the minutes of the June 10, 2005, meeting as presented.  Seconded and passed. Michael, yes; Morris, yes; Orr, yes; Peterson, yes; Webb, yes.

  1. The next Board Meeting is scheduled at Southern Oregon University, Ashland, on November 11, 2005, at 8:00 AM followed by lunch with the geology faculty and tentatively a tour or field trip to follow.  The Board will convene in a Work Session at 7:00 PM Thursday, November 10, 2005.  Registrants in the area will be noticed about the meeting.
  2. ASBOG national board exams and the CEG exam are scheduled for Friday, October 7, 2005, in Salem at Chemeketa Community College, Building 50.  Webb volunteered to serve as proctor for the ASBOG exams; Michael volunteered to serve as proctor for the CEG examination.
  3. The national meeting of the Association of State Boards of Geology (ASBOG) will be held in Portland, ME, November 2-5, 2005.  The COE will be held November 2 & 3. Webb will serve as the Board’s delegate.  Webb and Orr will participate in the Council of Examiners (COE).
  4. DOGAMI will be holding the Coastal Processes and Hazards Working Group on November 3, 2005, in Newport, OR.  Peterson will attend as a representative of the Board.
  5. The Board discussed a one-day program titled: Legal Issues for Oregon Professional Engineers.  The program includes discussion about work of CEGs.  Orr moved that the Board cover costs for Peterson’s attendance.  Seconded and passed. Michael, yes; Morris, yes; Orr, yes; Webb, yes. Peterson abstained.  

  1. AC 05 07 254:  The Board discussed engineering geology practice questions from Bay City, Oregon regarding geo-hazard reports.  McConnell has had discussion with DLCD that geologists should be allowed to do only geologic mapping.  Michael stated that if the geo-hazard site report is for a civil engineering work, then it must be completed by a CEG.  The Board discussed what Bay City defines as a geologic hazard report.  Michael will contact Bay City for clarification.  The Board does not want a Registered Geologist to be in violation of statute.
  2. AC 05 08 279:  The Board stated that it is difficult to educate the engineering community about CEG work.  OSBGE continues to outreach to OSBEELS about CEG work.  The registrant is invited to visit with the Joint Compliance Committee.
  3. AC 05 08 301:  The Board stated that there is no reason to acquire membership with NGWA.

  1. Office Report
    1. Knight distributed report AR2005-03:  Summary of Staff Activities since 6/10/2005 [see attachment].  Knight stated that effective July 1, 2005, part-time employee Marilou Arrobang has been added to the Board staff.  The Landscape Architect Board annual renewal and follow-up was just completed and was quite time demanding.  Webb suggested a recognition gift for Feinberg for completing the OSBGE web page transition.
    2. Knight distributed the final budget figures for 2003-2005.  The Board carryover income is $16,836.71.
    3. Knight distributed the 2005-07 financial information from 7/1/2005 to 9/8/2005.  For the first 9 weeks of the biennium, expenses are $3,869.52 over revenues..
  2. Committee Reports
    1. CEG Examination: Michael had no report on the CEG Examination. Knight stated that the psychometricians working with the Washington/Oregon exam development group on February 16 & 17, 2005, did forward a CD with exam question updates to the Washington Board with the request that it be forwarded to Oregon.  Due to administrative turnover in Washington, the CD has not yet been forwarded. (Post-Meeting Note: CD received 9/12/2005).
    2. CEG Report Guideline Committee:Michael reported that two additional reviews of the draft revision by the CEG Guideline Committee are needed, and then the revision should be complete. Peterson stated that coastal issues should be addressed at the November 3, 2005, meeting he will attend.
    3. Hydrogeology Guideline Committee:Webb suggested that the Hydrogeology Guideline Committee be changed to Geology Report Guideline Committee and that members for the committee be solicited in the next newsletter.
    4. MOU Joint Committee: Peterson reported that he, Orr, and Knight met with the MOU Joint Compliance Committee (JCC) on July 15, 2005.  He stated that time was spent understanding compliance procedures of each Board.  He noted that the OSBEELS Law Enforcement Committee has been reluctant to release information to OSBGE, but case information has now been received in the OSBGE office.  A JCC meeting will be convened when OSBGE’s review is complete
    5. Outreach Committee:  Orr had no report for the Outreach Committee.  Knight researched acquiring addresses through Higher Ed of all geology grads for issuing letters regarding geology regulation.  Although this is not possible, the WOU Career Development Center suggested posters be placed presenting information about the registration requirement if practicing geology in Oregon.
    6. Rules & Regulations Committee: Webb reported that the Rules & Regulations Committee did extensive research regarding the changes to OAR 809-050-0000, Facsimile of Stamp.
      1. Michael moved to accept the revisions with the exclusion of “preliminary or” under (3) and after review by the AAG.  Seconded and passed. Michael, yes; Morris, yes; Orr, yes; Peterson, yes; Webb, yes..
      2. Webb moved to approved changes to OAR 809-015-0000 and OAR 809-015-0005 as presented.  Seconded and passed. Michael, yes; Morris, yes; Orr, yes; Peterson, yes; Webb, yes.
      3. Webb stated that Orr & Knight will meet on September 20, 9:00 AM, at the Board office to draft rules dealing with implementation of SB80.
    7. Professional Practice Committee: Michael had no report on behalf of the Professional Practice Committee..
    8. Compliance Committee: Morris reported that only one case of the Compliance Committee required action
      1. The civil penalty of $4000 for CC#02-05-003 remains outstanding.  Staff was contacted by an attorney involved in arbitration with NWAS over franchise issues.  Staff was also contacted by a Washington well driller concerned about NWAS.
      2. Morris moved to close CC#05-04-005 with no action.  The respondent is working under a sole source contract with BLM for work he previously did.  The complaint does not meet the criteria for a violation.  Seconded and passed. Michael, yes; Morris, yes; Orr, yes; Peterson, yes; Webb, yes.
      3. The respondent in CC#03-03-002 has requested a hearing in response to the Notice of Proposed Board action.  The AAG’s office will be scheduling the Hearing.
    9. Legislative Issues: McConnell reported that the 73rd Legislative Session is now over.  She will work with Knight to develop procedures for working with Board bills during the next session and report back to the Board the first meeting in 2006.
      1. SB55 had 8, 9 or 10 amendments, was engrossed twice, but apparently passed.  McConnell  requested that Knight locate the final draft and send it out to all Board Members and place a discussion item on the November 2005 meeting agenda.
      2. Peterson applauded the Board for the good job getting SB 80 up early and taken care of.

  1. The discussion of the Board’s draft document of a Tribal Policy was led by McConnell and Morris.  McConnell stated that the Board needs to have a Native American Affairs Coordinator and moved that Morris be appointed.  Seconded and passed. Michael, yes; Morris, yes; Orr, yes; Peterson, yes; Webb, yes.   The Board requested that any RG that is a tribal member contact Board staff to assist with this policy implementation.  Staff to place this request in the newsletter.  The acronym NAGPRA refers to any non-sovereign land.  McConnell will complete the draft policy and forward it to staff for our AAG to review.  The final document will be placed on the November 2005 Board meeting agenda for adoption.
  2. The Board discussed NWAS, a Nevada corporation with headquarters in Washington.  The Board currently has an outstanding civil penalty against NWAS.  Board members were contacted by a well driller in Washington who has issues with NWAS [AC 05 08 289].  The Board will await information about the outcome of arbitration between NWAS and eight franchisees.  Staff to issue a letter to the franchisees’ attorney indicting that an outstanding civil penalty is owed to the Oregon Board.
  3. The draft Board Stipend Policy was distributed for discussion.  Recommended edits were discussed.  Webb moved to adopt the Stipend Guidelines for Board Members with modifications.  Seconded and passed. Michael, yes; Morris, yes; Orr, yes; Peterson, yes; Webb, yes.

  1. Webb moved that Oregon support the proposed amendments as presented in the document: Amendments for National ASBOG Meeting [AC 05 07 273] and that the Board direct the 2005 national meeting delegate to express appreciation for the opportunity to review the amendments prior to the national meeting.  Seconded and passed. Michael, yes; Morris, yes; Orr, yes; Peterson, yes; Webb, yes.
  2. The Board discussed the possibility of ASBOG serving as a repository for a state regulatory action database.  Numerous types of state regulatory Boards do have such a repository where Board investigators can seek information about pending and final compliance action.  Webb will draft a statement for Peterson and staff to forward to the national office the first of next week. (Post-Meeting Note:  Letter was forwarded to ASBOG 09/12/05).
  3. Election of officers:  Orr moved to select Peterson as the Chair and Webb as Vice-Chair for a second, consecutive term.  Seconded and passed. Michael, yes; Morris, yes; Orr, yes; Peterson, yes; Webb, yes.

  1. Compliance Matters, Morris stated that action on outstanding cases had occurred during his Compliance Committee report earlier in the meeting.
  2. The Board re-edited and finalized the language of the draft Procedural Agreement for Compliance Cases.  Morris moved to adopt the revised Procedural Agreement pending review by the AAG.  Seconded and passed. Michael, yes; Morris, yes; Orr, yes; Peterson, yes; Webb, yes.
  3. Disclosure Statement with no changes or additions.  Seconded and passed. Michael, yes; Morris, yes; Orr, yes; Peterson, yes; Webb, yes.  The final document should be posted on the web site and issued to all County Commissions, City Managers, and City Council Chairmen.
  4. Rule changes listed below were acted on during the Rules Committee report earlier in the meeting:
    1. OAR 809-015-0000(2): delete on or.
    2. OAR 809-015-0005(3): clarify when restoration fee is due.
  5. Webb moved to approve Check log #2205 to 2249 and #9020 to 9025.  Seconded and passed. Morris, yes; Orr, yes; Peterson, yes; Webb, yes.

No public was present so no public comments were received.
The meeting was adjourned by Chair Peterson at 4:25 PM.
Respectfully submitted,
Susanna Knight
(Minutes were approved at the November 11, 2005, Board Meeting)

  1. With Board Chair: At Board office October 5; various phone contacts and email updates.
  2. SIBA Meetings: 9/14/2005, SIBA II at OBA; 10/4/2005 at LCC; 10/19/2005, SIBA II at OBA.
  3. Compliance: Phone updates with Morris; 10/31/2005 Prehearing Conference rescheduled to 11/21/2005; working to schedule Joint Compliance Committee (JCC) for December.
  4. Other: 9/19/2005, PEBB Training 12:30 to 4:30; 9/20/2005: SB 80 Rule development meeting with Orr and Webb; 10/7/2005: ASBOG exam at CCC; 10/21/2005, Database guru; 10/24/2005, Presentation at OSU to students; 10/25/2005, Rules Training 9:00 AM to 3:30 PM; November 2 to 5, 2005 to Portland, Maine; 11/9/2005, DOJ Training, Emerging Legal Issues, 10:30 AM to 12:00 PM.; 11/5/2005, 4:30 PM to 5:30 PM, met with Ken Neal, WA Board and the Board Chair and Administrator to discuss the CEG exams future.
Action List:  Last update on 10/28/2005; included in Board Meeting packet.
Financial Report:  Balance at Pioneer Trust Bank as of 10/31/2005: $170,669.03.  Interest at 2.17%.  Renewals issued for 9/30/2005: 22, actual renewed: 22.  Renewals issued for 10/31/2005: 414, actual renewed: 355.  Renewals issued for 11/30/2005: 77, actual renewed to date: 32.
Examinations:  October 7, 2005, Exams were administered in the gymnasium at Chemeketa Community College.      
ASBOG: 27 candidates were present for the ASBOG fundamental exam; 16 candidates were present for the practice exam.  Webb served as proctor.
CEG Exam: Michael administered the exam to two candidates; both passed the examination.
Personnel: The office will be closed November 24 and 25 for the Thanksgiving holiday.  The office will be closed December 23, 24, 25, and 26 for the Christmas holiday.  January 2, 2006, is also a holiday.
  1. Newsletter:  The October 2005 newsletter was issued in early October with a lead article about the DOGAMI Map meeting.  The city contacts were increased so that the newsletter is now going out to all cities in the state, not just those over 10,000 population.  Feinberg continues to serve as a volunteer in preparing the document.
  2. Website:   Jane Feinberg, RG, CEG, has converted our web page to the Oregon.gov home page. She will also assist staff in updating the OSLAB website. 
  3. Email: no updates.
Other:  There is much work for Marilou and I here at the office.  We could keep Marilou busy full time.  I would like to investigate this possibility in the second year of the biennium.
Respectfully prepared,
Susanna Knight