The Spring 2010 EOregon xaminer -...

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PUBLISHED BY THE OREGON STATE BOARD OF EXAMINERS FOR ENGINEERING AND LAND SURVEYING E xaminer The Oregon Spring 2010 T he mission of the Oregon State Board of Examiners for Engineering and Land Surveying (OSBEELS) is to regulate the practice of engineering, land surveying, and photogrammetric mapping in the state as they relate to the welfare of the public in safeguarding life, health and property. Board Members Grant L. Davis, SE, Board President Edward P. Butts, CE/CS/EE/EN/CWRE Ken W. Hoffine, FE/PLS/CWRE Mari J. Kramer, Public Member Susanna M. Laszlo, CE/EN Dan E. Linscheid, PLS Susan E. Newstetter, PLS John H. Seward, CE/GE Carl W. Tappert, CE/CWRE Amin Wahab, Public Member Board Staff Mari Lopez, Executive Secretary Jenn Gilbert, Executive Assistant Matt Bryan Jennifer Carmack Brianna Kincaid Allen McCartt Jennifer O’Neill Amanda Sloan Tina Sorensen Amelia Volker J.R. Wilkinson Inside This Issue Message from the Board President 1 Board and Committees 2 SB143 2 Attention CWREs 3 Overseas Examinations 3 Oregon Examination Statistics 6 Investigation and Enforcement 8 Message to Veterans 10 Registrants and Certificate Holders Serving in the United States Military 10 Examination Requirements for Registration as a Structural Engineer 11 A Friendly Reminder 12 Renewal Form 13 Continuing Professional Development Audits 15 Message from the Board President G overnor Kulongoski has introduced a plan to reduce state government. This plan is outlined in Executive Order 09-13 and in a letter dated June 8, 2009 to the President of the Senate and the Speaker of the House of Representatives. In the letter the Governor suggests looking at consolidating the Oregon State Board of Examiners for Engineering and Land Surveying (OSBEELS) along with the Oregon Board of Architect Examiners (OBAE), the Oregon State Landscape Architects Board (OSLAB), and the Oregon State Landscape Contractors Board (LCB) under the authority of the Buildings Code Division (BCD). As a result of this Executive Order and letter to the President of the Senate and the Speaker of the House of Representatives, several associations of the aforementioned boards worked collaboratively on the letter shown on pages 4 and 5. Since this could affect your registration, we at OSBEELS encourage you to carefully watch the upcoming legislative session in 2011, and if needed, write your Citizen Legislature and express your position regarding consolidating OSBEELS under the Building Codes Division.

Transcript of The Spring 2010 EOregon xaminer -...

Page 1: The Spring 2010 EOregon xaminer - library.state.or.uslibrary.state.or.us/.../OSBEELS_newsletter_ExaminerSpring2010.pdf · Spring 2010 Oregon Examination Statistics October 2009 Professional

PUBLISHED BY THE OREGON STATE BOARD OF EXAMINERS FOR ENGINEERING AND LAND SURVEYING

ExaminerThe Oregon Spring 2010

The mission of the Oregon

State Board of Examiners

for Engineering and Land

Surveying (OSBEELS) is to regulate

the practice of engineering, land

surveying, and photogrammetric

mapping in the state as they

relate to the welfare of the public

in safeguarding life, health and

property.

Board MembersGrant L. Davis, SE, Board President

Edward P. Butts, CE/CS/EE/EN/CWRE

Ken W. Hoffine, FE/PLS/CWRE

Mari J. Kramer, Public Member

Susanna M. Laszlo, CE/EN

Dan E. Linscheid, PLS

Susan E. Newstetter, PLS

John H. Seward, CE/GE

Carl W. Tappert, CE/CWRE

Amin Wahab, Public Member

Board StaffMari Lopez, Executive Secretary

Jenn Gilbert, Executive Assistant

Matt Bryan

Jennifer Carmack

Brianna Kincaid

Allen McCartt

Jennifer O’Neill

Amanda Sloan

Tina Sorensen

Amelia Volker

J.R. Wilkinson

Inside This IssueMessage from the Board President 1 Board and Committees 2 SB143 2 Attention

CWREs 3 Overseas Examinations 3 Oregon Examination Statistics 6 Investigation

and Enforcement 8 Message to Veterans 10 Registrants and Certificate Holders Serving

in the United States Military 10 Examination Requirements for Registration as a Structural

Engineer 11 A Friendly Reminder 12 Renewal Form 13 Continuing Professional

Development Audits 15

Message from the Board President

Governor Kulongoski has

introduced a plan to reduce

state government. This

plan is outlined in Executive Order

09-13 and in a letter dated June 8,

2009 to the President of the Senate

and the Speaker of the House

of Representatives. In the letter

the Governor suggests looking at

consolidating the Oregon State Board

of Examiners for Engineering and Land

Surveying (OSBEELS) along with the

Oregon Board of Architect Examiners

(OBAE), the Oregon State Landscape

Architects Board (OSLAB), and the

Oregon State Landscape Contractors

Board (LCB) under the authority of the

Buildings Code Division (BCD).

As a result of this Executive Order and

letter to the President of the Senate

and the Speaker of the House of

Representatives, several associations

of the aforementioned boards worked

collaboratively on the letter shown on

pages 4 and 5.

Since this could affect your registration,

we at OSBEELS encourage you

to carefully watch the upcoming

legislative session in 2011, and if

needed, write your Citizen Legislature

and express your position regarding

consolidating OSBEELS under the

Building Codes Division.

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Board and CommitteesBoard Committees

The Board discharges its responsibilities through a committee structure, each

working with staff to handle a specific area of responsibility and providing the Board with concise options for action. Committees of the Board are not empowered to make decisions for the Board; they simply provide recommendations. The standing committees of the Board are: Examinations and Qualifications, External Relations, Finance, Law Enforcement, Professional Practices, and Rules and Regulations.

In addition, the Board works cooperatively with the Oregon State Board of Geologists Examiners (OSBGE) and the Oregon Board of Architect Examiners (OBAE) regarding any matters related to the overlap of practices between the professions.

If you have questions or concerns that you would like the Board to address, please submit them in writing to the Board office. Upon receipt, staff will provide the correspondence to the appropriate committee for consideration during their next scheduled meeting. The committees meet every even month. To contact Board Members, please contact Mari Lopez, the Executive Secretary of the Oregon State

Board of Examiners for Engineering and Land Surveying (OSBEELS) by email at [email protected].

Board and Committee MeetingsOSBEELS’ Board and Committee meetings are open to the public. The Board meetings are held on the second Tuesday of each odd numbered month. The Committee meetings are held in an even month. Interested parties are encouraged to attend a scheduled meeting. For additional information, contact the Board office.

and qualified professional engineers are providing engineering services on exempt structures, please submit evidence of any professional engineer who is not in conformity with accepted engineering standards. This would allow OSBEELS to investigate the engineering work as it relates to the welfare of the public in safeguarding life, health, and property.

SB143

TThe Engineers’ laws and rules under Oregon Revised Statute (ORS) 672.060(10) provide

for a person who is not registered as a professional engineer to plan, design, and supervise the erection, enlargement, or alteration of a single family residence and for structures less than 4,000 square feet and not more than 20 feet in height. These structures are considered exempt. In the past, if the documents for an exempt structure were prepared by a professional engineer, the professional engineer was not required under ORS 672 to seal and sign those documents.

However, during the 75th Oregon Legislative Assembly, 2009 Regular

Session, Senate Bill 143 eliminated this exemption for professional engineers. Therefore, effective January 1, 2010, if the documents for an exempt structure are prepared by a professional engineer, the engineers’ laws and rules require the professional engineer to seal and sign those documents.

Prior to passage of Senate Bill 143, a professional engineer who performed inferior engineering work for a single family residence or exempt structure was not subject to discipline by OSBEELS. With the removal of the exemption under Senate Bill 143, OSBEELS will be able to investigate and sanction professional engineers who are not in conformity with accepted engineering standards.

To support this mission and the continued efforts to ensure that only competent

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Overseas Examinations

The Oregon State Board of Examiners for Engineering and Land Surveying (OSBEELS) will

no longer be offering the National Council of Examiners for Engineering and Surveying (NCEES) examinations at locations overseas after the October 2010 examination administration.

Exceptions may be made for applicants who are in the United States Military.

Following the October 2010 examination administration, individuals who wish to sit for an examination at a location overseas, should contact NCEES for additional information. Currently, examinations overseas are administered by the Japan

PE/FE Examiners Council (JPEC), the Korean Professional Engineers Association (KPEA), and the American University of Cairo (AUC) Egypt.

However, individuals may still apply for registration with the State of Oregon upon successful completion of the NCEES Fundamentals of Engineering, the NCEES Principles and Practices of Engineering examinations, and meeting the additional requirements for registration. Further details can be found in Oregon Administrative Rule (OAR) 820-010-0204 – Applications for Registration as Professional Engineers (PE) Based on Examination by Another Jurisdiction or by NCEES (1st Registration). Applicants must also comply with OAR 820-010-0215 – Forms of Applications. If you have any questions or would like additional information, please contact the Board office.

where the developed use being claimed is 0.10 cfs or less, surface water permits where the developed use being claimed is 0.10 cfs or less, and a form for all reservoirs permits requiring a COBU prepared by a CWRE. All COBU forms are available of the CWRE Resource page through the WRD Web site at http://www.oregon.gov/OWRD/WR/index.shtml.

Effective May 1, 2010, COBUs not submitted on the new form will be returned.

Attention CWREs

The Water Resources Department (WRD) will be mailing notices to all active

Certified Water Right Examiners (CWREs) requesting current contact information. It is important that you respond to the request, especially if you are pursuing work. WRD will use the information to provide notices concerning training, Web site updates, form updates, and most importantly, to

generate the list the WRD provides to the public when they are looking for a CWRE.

On March 1, 2010, the WRD revised 16 frequently used forms; including the Claim of Beneficial Use (COBU) form. Prior to beginning a new project, be sure to download the most current version of the form.

In response to discussions at the CWRE Workshops, the WRD has developed a series of shorter COBU forms for certain categories of uses. Specific forms have been created for ground water permits

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Message from the Board President (continued from page 1)

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Oregon Examination Statistics

October 2009 Professional Engineering Examination StatisticsFirst Time Takers

October 2009 Professional Engineering Examination StatisticsRepeat Takers

There were no repeat takers with OSBEELS for the following professional engineering examinations: Agricultural, Chemical, Control Systems, Industrial, Metallurgical & Materials, Mining & Mineral Processing, Nuclear, and Petroleum.

There were no first time takers with OSBEELS for the following professional engineering examinations: Agricultural, Metallurgical & Materials, Mining & Mineral Processing, Nuclear, and Petroleum.

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October 2009 Fundamentals Examination Statistics

First Time Takers

October 2009 Professional Land Surveying Examination Statistics

First Time Takers

October 2009 Professional Land Surveying Examination Statistics

Repeat Takers

There were no repeat takers with OSBEELS for the Fundamentals of Land Surveying examinations.

October 2009 Fundamentals Examination Statistics

Repeat Takers

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location, Taylor set stakes for a property line and a stake marking the approximate location of the front property corner because a neighbor was constructing a fence. Taylor informed his client, but not the neighbor that the stake set at the approximate property corner is likely within +/- 0.5 foot of where a “high precision” survey would determine the true corner to fall, which was into the sidewalk. The Board determined that a “high precision survey” is not a subset of the practice of land surveying. In addition, Taylor did not give all of the information to the neighbor claiming that it was privileged information. The stakes marked a common boundary and the neighbor relied on the staked property line to build a fence as a permanent structure. Taylor had stepped away from his public responsibility. Taylor also occupied one line and turned an angle

During the period October 1, 2009, to January 31, 2010, the Regulation

Department opened 8 cases and closed 25 investigations. The 25 closed investigations included nine complaints against engineers, five complaints against land surveyors, and eleven complaints against unlicensed persons. The Board took disciplinary action in twelve cases by issuing civil penalties.

2480 – Abraham Taylor

TThe Board issued a Final Order against Abraham Taylor, PLS, finding that he failed his professional duties to properly monument a property corner. Taylor was hired by his client to research records and search for original monuments. While at the

to set the boundary line and did not make sure there were other gross errors. Taylor never found another monument in the front to verify the accuracy of the staked line. Taylor entered into a settlement agreement and was assessed a $500 civil penalty for violating Oregon Revised Statute (ORS) 209.250(1), ORS 672.200(2), and Oregon Administrative Rule (OAR) 820-020-0015(1),(2).

2487 – Lawrence Hansen

The Board issued a Final Order against Lawrence Hansen finding that he engaged in the unlicensed practice of engineering. Hansen co-authored a report he signed as a “Senior Geotechnical Engineer.” However, he was not licensed to practice in Oregon. Hansen entered into a settlement agreement and was assessed a $250 civil penalty for violating ORS 672.007(1)(a) and ORS 672.045(2).

2496 – Robert Demers

The Board issued a Default Final Order against Robert Demers finding that he engaged in the unlicensed practice of land surveying. Demers through his firm, Columbia Northwest Enterprises, LLC (CNWE) advertised for and offered to perform land surveying services without employing a licensed professional land surveyor when he mailed brochures and postcards and posted information on his CNWE Web site. However, he was not licensed to practice land surveying. The Board assessed Demers a $3,000 civil penalty for the unlicensed practice of land surveying violating ORS 672.025(1), ORS 672.045(1),(2), and OAR 820-010-0720(1).

Investigation and EnforcementLaw Enforcement Cases with SanctionsOctober 1, 2009 – January 31, 2010

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2498 – Gary Hickman

The Board issued a Final Order against Gary Hickman, PLS, finding that he failed to return a corrected map of survey within 30 days to the Multnomah County Surveyor for a proposed subdivision and failed to file a partition with the Marion County Surveyor. Hickman filed a record of survey for the subdivision boundary in 2004. A year later and a new developer, a small portion of the property was taken out of the subdivision plat, but the boundary of the property was unaffected. However, the County Surveyor required him to file a new record of survey. Meanwhile, he had submitted multiple subdivision plats for regulatory review and Hickman forgot to file the revised record of survey. Regarding the partition, Hickman had submitted the partition plat for review, but an encroachment required a boundary survey. Hickman set a boundary monument to identify the encroachment. When the partition fell apart, the developer did not notify Hickman and he neglected to file a record of survey. Hickman entered into a settlement agreement and was assessed a $500 civil penalty for violating ORS 209.250(1) and ORS 209.250(4)(b).

2499 – George Cathey

TThe Board issued a Final Order against George Cathey, PLS, finding that he failed to return a corrected map of survey within 30 days, to submit a map of survey within 45 days of setting monuments, and to properly set monuments. Complaints were received from the Multnomah County Surveyor and from the Marion County Surveyor. Subsequent complaints included negligence in centerline

monumentation, missing monuments, and multiple violations of ORS 209.250. Cathey admitted to the violations and explained that recent life experiences had caused him to miss important duties. He was taking action to correct the problems. Cathey entered into a settlement agreement and was assessed a civil penalty of $4,000 for violating ORS 209.250(1),(2),(3),(4)(b); ORS 672.200(2),(4); OAR 820-010-0605; OAR 820-020-0015(2); and OAR 820-030-0060.

2501 – Lawrence Anderson

The Board issued a Final Order against Lawrence Anderson, PE, finding that he engaged in the unlicensed practice of land surveying. Anderson was the City of Newberg City Engineer during which time the City was responsible for renewing his PE and PLS registrations. Due to some oversight in July 1998, his PLS renewal was not paid. Once Anderson entered into private practice, he submitted five records of survey for filing and discovered his expired PLS registration. The LEC required that Anderson provide his continuing professional development (CPD) units from 1985 until December 2009. Upon review of his CPD documents to ensure that one-third related to the practice of land surveying, the Board entered into a settlement agreement finding that he had demonstrated his intent to maintain his PLS registration. The Board also suspended the $5,000 civil penalty so long as Anderson is not found in future violation of ORS 672.045. In order to restore his PLS registration, Anderson is required to pass the six-hour and four-hour professional land surveying examinations. Until then, it is unlawful for Anderson to engage in the unlicensed practice of land surveying.

2508 – Zubair Sheikh

The Board issued a Final Order against Zubair Sheikh finding that he prepared,

sealed, and signed a pump seismic analysis report with a noncompliant seal. In addition, the Board found that he failed to cooperate with investigators to correct the improper seal. Sheikh entered into a settlement agreement and was assessed a civil penalty of $1,000 for violations of OAR 820-010-0620 and OAR 820-020-0015(8).

2509 – Tim Bogan

The Board issued a Final Order against Tim Bogan finding that he offered to or engaged in the unlicensed practice of engineering as President of Romtec, Inc, and Romtec Utilities, Inc, when he did not employ a professional engineer. Bogan prepared a design and quote package for the Tri-City Pump Station #3 and offered to provide an engineering opinion and engineering calculations. Bogan also advertised on Romtec Web sites and through company brochures to perform engineering services. Examples included statements offering utilities designs, engineering, and supply of lift stations based on customer criteria; and offering all pump station design and engineering by Romtec Utilities. Also in violation, Bogan stated that he contracted for engineering services by using project engineers to sign and seal plans prepared by Romtec. The Board assessed Bogan a $5,000 civil penalty for violations of ORS 672.020, ORS 672.045(1),(2), and OAR 820-010-0720(1),(3).

2517 – Jason Leland

The Board issued a Default Final Order against Jason Leland, PE, finding that he failed to notify the

(continued on page 12)

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Message to VeteransIf you are a veteran and you are taking (or wish to take) any examination offered by OSBEELS you may qualify for the examination(s) to be paid in

whole or in part. Please visit www.oregon.gov/ODVA/BENEFITS/OregonEducationBenefit.shtml to contact the Oregon Department of

Veterans Affairs office or for further assistance in applying for these benefits.

Registrants and Certificate Holders Serving in the United States MilitaryAs contained in the Summer 2009 edition of the Oregon Examiner, the Board has been presented with questions regarding renewal and delinquency fees from both active duty and recently discharged United States military personnel, in addition to requests for exemption of the renewal fee or requests to waive the delinquency fees from civilian members of the United States military. To answer these questions and in compliance with the Oregon Revised Statute (ORS) 408.450, the Board held a Rulemaking Hearing on May 11, 2010, and subsequently adopted a new rule. The text of Oregon Administrative Rule (OAR) 820-010-0530 is found below and became effective on May 12, 2010.

820-010-0530 United States Military Registrants (1) Upon written request, biennial renewal fees and continuing professional development units may be waived while a registrant holding a registration to practice engineering, land surveying, or photogrammetry in Oregon is on active duty with the Armed Forces of the United States. (2) An active duty registrant with the Armed Forces of the United States may return a registration to its former status upon written notification to the Board within 60 days of the date of honorable discharge. Former status will be restored, if applicable, by satisfying and submitting proof of completion of 15 PDH units per year for each year (or part of a year) in active military status on the Continuing Professional Development Organizational Form. Biennial renewal fees will not be required until the biennial renewal period following the date of honorable discharge. (3) If a registrant fails to notify the Board in writing within 60 days from the date of honorable discharge, or within the registration biennial renewal period in which the honorable discharge becomes effective, whichever is the longer period of time, that person may be subject to fees, including late-payment fees, assessed by the Board or other registration requirements in accordance with ORS Chapter 672.

Stat. Auth: ORS 408.450 & 672.255(1)(g)Stats. Implemented: ORS 672.020(1), 672.025(1), 672.028(1) & 672.045(1)

Compliant with ORS 408.450, this rule allows the request for a waiver of fees (renewal and delinquency fees) to the Board, along with a waiver of completing the required Continuing Professional Development hours for registrants on active duty with the Uniformed Services of the United States. This rule also requires that written notification be submitted to the Board within 60 days of the date of an honorable discharge in order to change the status of a registration to its former status without fee or penalty.

Please note, research and analysis conducted by the Assistant Attorney General concluded that since the ordinary meaning of “military service” includes only active duty personnel, OAR 820-010-0530 does not apply to military civilian personnel. If you have questions regarding the status of your registration or certificate, please contact the Board office.

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(c) Obtain at least two years of progressive responsibility in structural engineering experience. These two years of structural experience are in addition to the eight years of engineering experience required to be registered as a professional engineer. The structural engineering experience must be supervised by a registered professional engineer in the branch of structural engineering or a registered professional engineer with substantial structural engineering work experience; and(c) (d) After receiving a license as an Oregon registered professional engineer, obtain a passing grade for the Structural II Examination (buildings portion), administered by NCEES.; and (d) After receiving a license as an Oregon registered professional engineer, obtain a passing grade for the Structural III Examination (building portion). (2) The Structural III Examination is written and scored by the Washington State Board of Registration for Professional Engineers and Land Surveyors (Washington Board) pursuant to a Memorandum of Understanding entered into between the Oregon Board and the Washington Board. The Oregon Board administers the examination in Oregon.

Stat. Auth.: ORS 670.310 & 672.255

Stats. Implemented: ORS 672.002 – 672.325

Original Proposed Deleted Text = Italic/Red

Original Proposed Text = Bold/Black

If you have any questions regarding the future structural examinations or qualifications, please contact the OSBEELS office.

Examination Requirements for Registration as a Structural EngineerFuture Exam Changes

TThe current National Council of Examiners for Engineering and Surveying

(NCEES) Structural (SE) I and SE II examinations will be offered for the last time during the October 2010 administration. A new NCEES 16-hour SE examination will be offered beginning in April 2011. To ease the transition, the October 2011 administration will be the last administration for the Washington SE III Examination. Examinees must successfully pass both the NCEES SE II and Washington SE III examinations by this time for registration as a professional structural engineer in the State of Oregon. For example, if you successfully passed the NCEES SE II examination by October 2010, your last chance to successfully pass the Washington SE III will be during the October 2011 examination administration. If you are not successful, beginning with the April 2012 examination administration, you will be required to pass the new NCEES 16-hour SE examination.

The new NCEES 16-hour SE examination is divided into two 8-hour components, offered on successive days. The Vertical Forces component focuses on gravity loads and incidental lateral loads. The Lateral Forces component focuses on wind and earthquake loads. Each component of the examination has a breadth module that contains questions covering a comprehensive

range of structural engineering topics. Each component of the examination also has a depth module that focuses more closely on a single area of practice. As required in Oregon Administrative Rule (OAR) 820-010-0417, examinees that wish to be registered in the State of Oregon must complete the module that concentrates on buildings.

Examinees must pass both the Vertical and Lateral Forces components, but these components may be taken and passed in different examination administrations. The specifications for the new NCEES 16-hour SE examination are available on the NCEES Web site at www.ncees.org.

Future Rule ChangesDuring the October 9, 2009 meeting of the Examinations and Qualification Committee, and subsequently during the December 11, 2009 meeting of the Rules and Regulations Committee, the proposed changes will be presented during the next Rules Hearing.

820-010-0417 Nature of Examination for Structural Engineer (SE) (1) An applicant to qualify for registration must: (a) Obtain a passing grade for a written examination in engineering fundamentals for qualification as an EI as covered in OAR 820-010-0420, unless exempted from this examination under 820-010-0455. Such examination may be taken at any scheduled examination period but must be passed in order to be admitted to the branch examination as covered in (1)(b) of this rule; and (b) Obtain a passing grade for a written examination in a professional branch of engineering covering practical engineering problems in branches listed in OAR 820-010-0450; and

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specifically requires that the Social Security number be recorded on an application for, or form for renewal of, a license, certificate or registration. If you have not been issued a Social Security number, OSBEELS will accept a written certification to fulfill this requirement.

Deceased Registrants and Certificate HoldersIf you are aware of a registrant who has passed on, please contact OSBEELS at (503) 362-2666. OSBEELS would like to update its records and avoid sending renewal notices and other communications to the families.

2541 – James Andrews

The Board issued a Final Order against James Andrews, PLS, finding that he failed to provide prior notice to a property owner when he conducted a survey for two adjoining property owners. Andrews attempted to notify the property owner in person twice. However, when he was unsuccessful, he failed to provide the required written notice posted in a conspicuous place. Andrews was subsequently careful to not step onto the owner’s property, but he set a monument on the property corner, which constituted a right of entry violation. Andrews entered into a settlement agreement and was assessed a civil penalty of $250 for violating ORS 672.045(4).

Employer ChecksIf your employer sends a check for your renewal, please ensure that it includes your registration number(s) and certification of Continuing Professional Development requirements. If these items are not included, it will delay the renewal process.

Social Security Number on Renewal FormsTo comply with child support enforcement and tax administration law, OSBEELS requires that all applicants and licensees provide their Social Security numbers. The Oregon Revised Statute (ORS) 25.785,

Not sure if your registration(s) is current? Visit OSBEELS

Web site at www.

osbeels.org and click on the “Find

a Licensee” link to confirm your registration(s) status.

If you would like to renew your registration(s), mail the form on page 13 to the OSBEELS office:

670 Hawthorne Avenue SE

Suite 220

Salem, OR 97301

Phone: (503) 362-2666

Fax: (503) 362-5454

Email: [email protected]

A Friendly Reminder

Investigation and Enforcement (continued from page 9)

Board of his change of address. During the course of conducting an investigation into Leland’s failure to provide documentation of compliance with a CPD audit, Leland was able to confirm that he had the required PDH units. However, the investigation found that he failed to notify the Board of a change of address. The Board assessed Leland a $100 civil penalty for violating OAR 820-010-0605.

2534 – Erik Esparza

The Board issued a Final Order against Erik Esparza, PE, finding that he advertised for or offered to perform professional land surveying services on his Web site without

employing a registered professional land surveyor. Esparza advertised on the company Web site for LanPacific, offering to perform land surveying services. He then routinely contracted out the surveying service to another company Construction Mapping Team that employed a registered professional land surveyor. The two organizations worked exclusively with each other and in concert; however it was still a violation for Esparza to advertise that his company could provide the land surveying services. Esparza entered into a settlement agreement noting that it was a mistake rather than an intentional act and was assessed a civil penalty of $500 for violating ORS 672.007(2)(a)(b)(c); ORS 672.025; ORS 672.045(1)(2); and OAR 820-010-0720(1)(3).

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Renewal FormIf requesting the inactive status, the renewal form must be accompanied by a Request for Inactive form. If requesting reinstatement from inactive or retired status, the renewal form must be accompanied by a Reinstatement from Inactive or Retirement Status form.

Registrant Contact Information

First name (personal name) Middle name or initial Last name (family name)

If you have a Social Security number Oregon law requires that it be used. Only use a Passport number if you don’t have a Social Security number.

o Social Security # OR o Passport # Country issuing passport

Birth date (Mo/Day/Yr) Where do you want correspondence mailed to?

o Home address OR o Business address

Mailing address (include any apartment number) Home/Personal phone #

City State Zip/Postal code Home email address

Business name Business phone # Business fax #

Business address (include any suite number)

City State Zip/Postal code Business email address

Social Security GuidelinesAs part of your application for an initial or renewed occupational, professional or recreational license, certification, or registration issued by OSBEELS, you are required to provide your Social Security Number to OSBEELS. This is mandatory. The authority for this requirement is ORS 25.785, ORS 305.385,42 USC § 405 (c) (2) (C) (I), and 42 ISC § 666 (a) (13). Failure to provide your Social Security Number will be a basis to refuse to issue or renew the license, certification, or registration you seek. This record of your Social Security Number will be used for child support enforcement and tax administration purposes (including identification) only, unless you authorize other uses of the number. Although a number other than your Social Security Number appears on the face of the licenses, certificates, or registrations issued by OSBEELS, your Social Security Number will remain on file with OSBEELS.

If, the United States Social Security Administration has not issued you a social security number, you must follow these guidelines:a. form must be signed by you; b. You are attesting to the fact that no social security number has been issued to you by the United States Social Security Administration; andc. are acknowledging that knowingly supplying false information under this section is a Class A misdemeanor, punishable by imprisonment of up to one year and a fine of up to $6,250.

By providing the following signature, you are agreeing to comply with the guidelines listed above.

Signature Date (Mo/Day/Yr)

(continued on page 14)

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Please check the applicable boxes and enclose the appropriate amount

o Active registration renewal: $180.00 each profession

o PE o PLS o RPP

Please refer to the Oregon Administrative Rule (OAR) 820-010-0505 and 820-010-0510 for further details.

I certify that I have completed the required professional development hour (PDH) units in accordance with the applicable OARs.

Signature Date (Mo/Day/Yr)

o Certified Water Right Examiner (CWRE) renewal: $40.00

No PDH units are required as a condition of renewal for a CWRE certification.

o Delinquency fee per registration renewal: $80.00 each profession

Please refer to the OARs 820-010-0505 and 820-010-0520 for further details.

o PE o PLS o RPP o CWRE

o I have attached the CPD Organizational Form

If submitting a payment to the OSBEELS for fees by debit or credit card, please provide the security code. These codes are a security feature that appears on the back of most Visa, MasterCard, and Discover cards, and on the front of American Express cards. This code is a three or four-digit number which provides a cryptographic check on the information embossed on the card.

American Express Card Users: Look for the 4-digit code printed on the front of the card just above and to the right of the main card number. This 4-digit code is the card security code.

Visa, MasterCard, and Discover Card Users: Flip the card over and look at the signature box. A special 3-digit code will be located in the signature box. This 3-digit code is the card security code.

* Debit or Credit Card Security Codes

Select payment method (choose one)

o Check or Money Order (payable to OSBEELS) o Cash Amount enclosed:

o Debit or Credit Card (Visa, Mastercard, Discover, or AmEx) Total charge to card:

Card number Exp. date Security code* Billing Zip/Postal code

Payment Signature (serves as payment authorization if paying by debit or credit card)Signature Date (Mo/Day/Yr)

(continued from page 13)

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Continuing Professional Development AuditsThe OSBEELS just recently conducted over 19 investigations as a result of a Continuing Professional Development (CPD) audit for the period 2004 - 2007, and found that many registrants could have avoided an investigation if only they’d taken a few precautionary measures. The OSBEELS has begun the next CPD audit and offers the following to help you avoid an investigation:

Keep records of all your Professional Development Hour (PDH) units for at least 5 years.

Realize there are many different methods for obtaining PDH units.

Those who hold multiple registrations (i.e., engineer, land surveyor, or photogrammetrist) must ensure that at least 1/3 of the PDH units required are related to each registration.

If you exceed PDH units for any renewal period, you may be able to carry forward a maximum of 15 PDH units into the next renewal period. Keep your records in order to support your carry forward request.

If you’re notified that your PDH units are deficient, don’t ignore the notice—take action.

Don’t forget you may be allowed a grace period of up to 1 year provided you meet certain criteria (i.e., respond to any Board notification, complete the CPD Organizational Form, be deficient 15 or fewer PDH units, and not otherwise be subject to Board investigation or discipline). You must request the grace period in writing along with your submission of the CPD Organizational Form.

Registrants holding registration in another state that has fewer or no PDH requirements are still required to satisfy PDH requirements for Oregon.

Update your home, business, and email addresses with OSBEELS within 30 days of any change.

Respond to the audit in writing and keep a copy for your files; don’t ignore it.

If you no longer wish to practice, request retirement status before you become subject to an audit; if your registration becomes delinquent or is placed in the retirement status after being requested to participate in the audit, you’ll still have to comply with the audit.

Please be aware that you could be assessed a civil penalty or you may have your registration suspended for failing to meet the CPD requirements. Furthermore, your registration could also be subject to revocation for failing to comply or cooperate.

Refer to OAR 820-010-0635, OAR 820-015-0026, and OAR 820-020-0015(7) for more information.

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BOARD OF EXAMINERSFOR ENGINEERING &LAND SURVEYING

PRSRT STDU.S. POSTAGE PAIDSALEM, ORPERMIT NO. 106

670 Hawthorne Avenue, SESuite 220Salem, Oregon 97301

tel. 503.362.2666email: [email protected]

Web: www.osbeels.org

Spri

ng 2

010

Please list an email address below to receive the newsletter electronically. However, if you do

not have an email address and would prefer to receive the newsletter by mail, please provide a

mailing address.

You may return the information by email to [email protected], by fax to (503) 362-5454, or by mail to the address listed above. Please note, by submitting this form, the contact information in which Board correspondence is sent will not be changed. Please utilize the Registrant Information Update form to comply with Oregon Administrative Rule (OAR) 820-010-0605.

Registrant Information

First name (personal name) Middle name or initial Last name (family name)

Email Address Registration or certificate number, if applicable

To receive the print edition of The Oregon Examiner, please complete the information below.

o Residence o Business

Mailing address (include any apartment/suite numbers)

City State or Province Zip/Postal code Country