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Enforcement

The Board regulates the public practice of geology pursuant to ORS 672.505 to ORS 672.705 and has adopted administrative rules in OAR Chapter 809 to explain and carry out statutory requirements. The Board helps to protect the public by enforcing the laws and rules that apply to the public practice of geology in Oregon.

Oversight of Registered Geologists

The Board monitors the actions of geologists who are officially registered. These professionals must follow all the state's laws and rules for geology practice. This includes following a Code of Professional Conduct, described in the Oregon Administrative Rule (see OAR 809, Division 20). The Board makes sure geologists are aware of what is required for registration and for following the Code. If there are formal complaints about a geologist's conduct, such as claims of misconduct, incompetence, or negligence, the Board investigates these cases.

Consumer protection and unlicensed practice

The Board also informs the public about geology regulations in Oregon. It is important for people to know that publicly practicing geology without a license is not allowed. Public practice of geology is the performance for another of geological services, such as consultation, investigation, surveys, evaluation, planning, mapping, or inspection of geology, that is related to public welfare or safeguarding of life, health, property, or the environment. If there are formal complaints about unlicensed geology work, the Board will investigate them.

Disciplinary actions and civil penalties

If a registrant of the Board breaks the law or Board rules, the Board can take disciplinary action and issue civil penalties. The Board can also fine people who publicly practice geology in Oregon without being registered. Not every investigation ends in formal charges. Sometimes the Board decides that education or outreach is the best way to help someone come into comply with the rules.

Complaints

Submitting a formal complaint

Any person may submit a formal complaint regarding geologic practice to the Board. There are several ways to submit a complaint:

  1. File a complaint through the Board's Complaint Portal.
  2. Download and complete the Board's complaint form and submit it to the Board office. You must include your signature and the date on the form.
  3. Submit a signed and dated letter to the Board, including all required information.
    1. name and available contact information (address, phone, e-mail, business) for the person the complaint is against.
    2. name, address, phone, and e-mail of person(s) submitting the complaint.
    3. a statement of facts relating to the alleged violation(s); and
    4. a declaration under penalty of perjury in this format: “I hereby declare under penalty of perjury that the above statements and information are true to the best of my knowledge, information, and belief and that I am providing these statements and information for purposes of ORS 672.665 to prefer charges against the above-named registrant(s)."

Important: Every complaint must include a declaration, signature, and date. If these elements are missing, the Board will return the complaint and cannot process it.

Complaint review and investigation process

Upon receiving a formal complaint, the Board will acknowledge receipt. All formal complaints are reviewed by the Board. The investigation process may involve collecting information and records related to the allegations, consulting technical reviewers, interviewing witnesses or involved parties, and reaching out to others as necessary. If violations are verified, the Board will determine the appropriate course of action, which may include recommending formal disciplinary action, requesting additional investigation, seeking settlement, or closing the case with a non-disciplinary result. Procedures for complaint investigations are outlined in OAR 809, Division 55. For an overview of the process, refer to the Board's complaint process flowchart.

Anonymous submissions

The Board does not guarantee review of allegations or materials submitted anonymously. The Board may vote to open a complaint and associated investigation without a formal, signed complaint. However, the Board must have adequate information to determine whether Board laws or rules may have been violated. Anonymous submissions often lack the necessary details to justify Board action. Because the Board cannot contact an unidentified party for more information, investigations based on anonymous materials are at the Board's discretion and depend on the information provided.

Joint Compliance Committee (JCC)

The Joint Compliance Committee (JCC) helps review complaints that involve both engineering geology and geotechnical engineering. If a complaint is related to engineering geology, the Board decides if it should be sent to the JCC for review.

Who is on the JCC?

The JCC is made up of people from two boards: the Oregon State Board of Geologist Examiners (OSBGE) and the Oregon State Board of Examiners for Engineering and Land Surveying (OSBEELS).

How the JCC reviews complaints

The JCC looks at complaints that involve both geotechnical engineering and engineering geology. After reviewing, the committee gives advice and recommendations to OSBGE and OSBEELS. The JCC does not make final decisions on complaints; it only offers its recommendations for the boards to consider.

Where to learn more

To see how the JCC process works, check the JCC flowchart. For more information about the JCC, read the Memorandum of Understanding between OSBGE and OSBEELS.

Access online Complaint Portal