672. ProfessionalEngineers; Land Surveyors; Photogrammetrists; Geologists
673. Accountants;Tax Consultants and Preparers
674. RealEstate Appraisers and Appraisal
675. Psychologists;Occupational Therapists; Certified Sex Offender Therapists; Regulated SocialWorkers; Licensed Professional Counselors and Marriage and Family Therapists
676. HealthProfessions Generally
677. Regulationof Medicine, Podiatry and Acupuncture
678. Nurses;Nursing Home Administrators
679. Dentists
680. DentalHygienists; Denturists
681. Hearingand Speech Professionals
682. Regulationof Ambulance Services and Emergency Medical Personnel
692. FuneralService Practitioners; Embalmers; Death Care Consultants; FuneralEstablishments; Cemetery and Crematory Operators
693. Plumbers
694. HearingAid Specialists
695. WatchDealers
696. RealEstate and Escrow Activities
697. CollectionAgencies; Check-Cashing Businesses; Debt Management Service Providers
698. Auctions
699. Innkeepersand Hotelkeepers
700. EnvironmentalHealth Specialists; Waste Water Specialists
701. ConstructionContractors and Contracts
702. StudentAthlete Agents
703. TruthVerification and Deception Detection; Investigators
704. Outfittersand Guides
_______________
OCCUPATIONSAND PROFESSIONS
Chapter 670 — Occupationsand Professions Generally
2009 EDITION
OCCUPATIONSAND PROFESSIONS GENERALLY
EDUCATIONALREQUIREMENTS
670.010 Waiverof educational requirement for admission to examination for license orcertificate to practice profession, trade or calling
670.020 Filingevidence of complete educational requirement after taking examination
LICENSINGADMINISTRATION
(Generally)
670.275 Policystatement
670.280 Denial,suspension or revocation of license based on criminal conviction; denial oflicense or imposition of discipline for conduct substantially related tofitness and ability of applicant or licensee
670.283 Powerof state agency to suspend license includes power to reinstate
670.290 Prohibiteduses of juvenile records in employment, licensing or admission
670.300 Licensingand advisory board officers; quorum and meeting requirements; compensation andexpenses of members
670.304 Applicationof ORS 670.300 to 670.380
670.306 Administrativeofficers for boards; other employees
670.310 Rulemakingauthority; board seal
670.315 Administrationof oaths; obtaining and taking evidence at board proceedings; effect of failureto obey board subpoena
670.325 Proceedingson denial of license; restraining violations; authority of administrative lawjudge; record of proceedings
670.335 Dispositionof fees received by boards; procedure for payment of board expenses
670.345 Procedurefor filling vacancies on board
670.350 Administrationof professional qualification examinations
(ReciprocalAgreements)
670.380 Whenreciprocal licensing or registration agreements authorized; termination
INDEPENDENTCONTRACTORS
670.600 Independentcontractor defined
670.605 Rulesfor application of definition of independent contractor
670.610 Refereesin recreational soccer matches considered independent contractors
INTERAGENCYCOMPLIANCE NETWORK
670.700 Agenciesin network; duties of network
670.705 Reporting
EDUCATIONALREQUIREMENTS
670.010Waiver of educational requirement for admission to examination for license orcertificate to practice profession, trade or calling. Any state boardor commission that examines applicants for license or certification to practicea profession or engage in a trade or calling may, in its discretion, waive theeducational requirement for admission to such examination, provided that theapplicant furnishes evidence satisfactory to such state board or commissionthat the applicant is currently enrolled in a school, college or universityapproved by such state board or commission and will satisfy the educationalrequirement for admission to such examination on satisfactory completion ofcourses for which the applicant is currently enrolled and that this educationalrequirement will be met not later than four calendar months from the first dayof the month following the month in which the examination is given. [1953 c.103§1; 1975 c.429 §5; 1977 c.47 §1]
670.020Filing evidence of complete educational requirement after taking examination. (1) Evidence ofcompletion of the educational requirement waived as provided in ORS 670.010shall be filed with such state board or commission not later than four calendarmonths from the first day of the month following the month in which theexamination is taken. State boards and commissions shall withhold officialcertification of the successful completion of the examination until suchevidence is furnished. The affidavit of the registrar or administrative head ofthe school, college or university shall be deemed satisfactory evidence.
(2)If any candidate admitted to an examination as provided in ORS 670.010 shallfail or neglect within said period to complete the educational requirement forsuch examination, then the completion of the examination by such candidateshall be null and void, and of no effect. The state board or commission whichexamined the candidate, however, shall retain any examination fee paid by thecandidate. [1953 c.103 §2; 1975 c.429 §6; 1981 c.89 §19]
670.275Policy statement.In enacting chapter 753, Oregon Laws 1971, it is the intention of theLegislative Assembly to provide for the more effective coordination of theadministrative functions of boards charged with responsibility for protectingthe public through the licensing and regulating of certain professionspracticed in this state. Further, it is the intention of the LegislativeAssembly to retain responsibility for decisions on qualifications, standards ofpractice, licensing, discipline and other discretionary functions relating toprofessional activities in the professional licensing boards, members of whichare qualified by education, training and experience to make the necessaryjudgments. [Formerly 184.575]
Note: LegislativeCounsel has substituted “chapter 753, Oregon Laws 1971,” for the words “thisAct” in section 1, chapter 753, Oregon Laws 1971, compiled as 670.275 [Formerly184.575]. Specific ORS references have not been substituted pursuant to173.160. These sections may be determined by referring to the 1971 ComparativeSection Table located in Volume 20 of ORS.
670.280Denial, suspension or revocation of license based on criminal conviction;denial of license or imposition of discipline for conduct substantially relatedto fitness and ability of applicant or licensee. (1) As used inthis section:
(a)“License” includes a registration, certification or permit.
(b)“Licensee” includes a registrant or a holder of a certification or permit.
(2)Except as provided in ORS 342.143 (3) or 342.175 (3), a licensing board,commission or agency may not deny, suspend or revoke an occupational orprofessional license solely for the reason that the applicant or licensee hasbeen convicted of a crime, but it may consider the relationship of the factswhich support the conviction and all intervening circumstances to the specificoccupational or professional standards in determining the fitness of the personto receive or hold the license.
(3)Except as provided in ORS 342.143 (3) and 342.175 (3), a licensing board,commission or agency may deny an occupational or professional license or imposediscipline on a licensee based on conduct that is not undertaken directly inthe course of the licensed activity, but that is substantially related to thefitness and ability of the applicant or licensee to engage in the activity forwhich the license is required. In determining whether the conduct issubstantially related to the fitness and ability of the applicant or licenseeto engage in the activity for which the license is required, the licensingboard, commission or agency shall consider the relationship of the facts withrespect to the conduct and all intervening circumstances to the specificoccupational or professional standards. [1973 c.359 §1; 1991 c.662 §6a; 2003c.749 §13; 2009 c.386 §5]
670.283Power of state agency to suspend license includes power to reinstate. If a stateagency, board or commission has the power to issue any license, certification orregistration necessary to practice any profession or engage in any trade orcalling, any statute granting the state agency, board or commission the powerto suspend the license, certification or registration includes the power toreinstate:
(1)At a time certain; or
(2)When the person subject to suspension fulfills conditions for reinstatement setby the agency, board or commission. [1979 c.201 §1]
670.285 [1975 c.759 §10;renumbered 183.435]
670.290Prohibited uses of juvenile records in employment, licensing or admission. It shall beunlawful for any state agency or licensing board, including the Oregon StateBar, to:
(1)Require that an applicant for employment, licensing or admission answer anyquestions regarding the existence or contents of a juvenile record that hasbeen expunged pursuant to ORS 419A.260 and 419A.262;
(2)Bar or discharge from employment or refuse to hire or employ such individualbecause of the existence or contents of a juvenile record that has beenexpunged pursuant to ORS 419A.260 and 419A.262; or
(3)Deny, revoke or suspend a license because of the existence or contents of ajuvenile record that has been expunged pursuant to ORS 419A.260 and 419A.262. [1977c.801 §2; 1983 c.820 §16; 1993 c.33 §360]
670.300Licensing and advisory board officers; quorum and meeting requirements;compensation and expenses of members. (1) Except as otherwise provided bylaw, each professional licensing and advisory board shall select annually oneof its members as chairperson and another as vice chairperson, with such powersand duties necessary for the performance of the functions of such offices asthe board shall determine.
(2)The majority of the members of the board constitutes a quorum for thetransaction of business.
(3)The board shall meet at least once a year, not later than July 1, at a place,day and hour determined by the board. The board shall also meet at such othertimes and places as are specified by the call of the chairperson or a majorityof the members of the board.
(4)Members of the board are entitled to compensation and expenses as provided inORS 292.495. [1971 c.753 §8; 1987 c.414 §95]
670.304Application of ORS 670.300 to 670.380. Except as otherwise specificallyprovided, ORS 670.300 to 670.380 apply to the following professional licensingand advisory boards:
(1)Professional licensing and advisory boards established in the Office of theSecretary of State.
(2)The Oregon Board of Maritime Pilots.
(3)The Board of Cosmetology, in the Oregon Health Licensing Agency.
(4)The State Board of Architect Examiners.
(5)The State Landscape Contractors Board.
(6)The State Board of Examiners for Engineering and Land Surveying.
670.305 [1971 c.753 §9;repealed by 1973 c.659 §1 (670.306 enacted in lieu of 670.305)]
670.306Administrative officers for boards; other employees. (1) Subsections(2) and (3) of this section shall apply only to the following professionallicensing boards:
(a)State Board of Architect Examiners.
(b)Construction Contractors Board.
(c)State Board of Examiners for Engineering and Land Surveying.
(d)State Landscape Architect Board.
(e)State Landscape Contractors Board.
(f)Oregon Board of Accountancy.
(g)State Board of Tax Practitioners.
(2)A board shall fix the qualifications of and appoint an administrative officer.The determination of qualifications and appointment of an administrativeofficer shall be made after consultation with the Governor.
(3)An administrative officer of a board shall not be a member of that board.
(4)Subject to the applicable rules of the State Personnel Relations Law, the boardshall fix the compensation of its administrator, who shall be in theunclassified service.
(5)Subject to applicable rules of the State Personnel Relations Law, theadministrative officer shall appoint all subordinate employees, prescribe theirduties and fix their compensation. [1973 c.659 §2 (enacted in lieu of 670.305);1975 c.429 §7; 1975 c.464 §1; 1981 c.821 §2; 1987 c.414 §96; 1993 c.744 §242;1995 c.79 §338; 1997 c.3 §3; 1997 c.21 §2; 1999 c.59 §199; 1999 c.322 §41; 2007c.768 §67]
670.310Rulemaking authority; board seal. (1) Except as otherwise provided by lawand in accordance with any applicable provisions of ORS chapter 183, eachprofessional licensing board and advisory board may make such rules as arenecessary or proper for the administration of the laws such board is chargedwith administering.
(2)Each professional licensing board and advisory board may adopt a seal. [1971c.753 §10; 1987 c.414 §97]
670.315Administration of oaths; obtaining and taking evidence at board proceedings;effect of failure to obey board subpoena. (1) Except as otherwise providedby law, each professional licensing board or advisory board, acting through itschairperson or vice chairperson or an administrative law judge, may administeroaths, take depositions and issue subpoenas to compel the attendance of witnessesand the production of books, papers, records, memoranda or other informationnecessary to the carrying out of the laws the board is charged withadministering.
672. ProfessionalEngineers; Land Surveyors; Photogrammetrists; Geologists
673. Accountants;Tax Consultants and Preparers
674. RealEstate Appraisers and Appraisal
675. Psychologists;Occupational Therapists; Certified Sex Offender Therapists; Regulated SocialWorkers; Licensed Professional Counselors and Marriage and Family Therapists
676. HealthProfessions Generally
677. Regulationof Medicine, Podiatry and Acupuncture
678. Nurses;Nursing Home Administrators
679. Dentists
680. DentalHygienists; Denturists
681. Hearingand Speech Professionals
682. Regulationof Ambulance Services and Emergency Medical Personnel
692. FuneralService Practitioners; Embalmers; Death Care Consultants; FuneralEstablishments; Cemetery and Crematory Operators
693. Plumbers
694. HearingAid Specialists
695. WatchDealers
696. RealEstate and Escrow Activities
697. CollectionAgencies; Check-Cashing Businesses; Debt Management Service Providers
698. Auctions
699. Innkeepersand Hotelkeepers
700. EnvironmentalHealth Specialists; Waste Water Specialists
701. ConstructionContractors and Contracts
702. StudentAthlete Agents
703. TruthVerification and Deception Detection; Investigators
704. Outfittersand Guides
_______________
OCCUPATIONSAND PROFESSIONS
Chapter 670 — Occupationsand Professions Generally
2009 EDITION
OCCUPATIONSAND PROFESSIONS GENERALLY
EDUCATIONALREQUIREMENTS
670.010 Waiverof educational requirement for admission to examination for license orcertificate to practice profession, trade or calling
670.020 Filingevidence of complete educational requirement after taking examination
LICENSINGADMINISTRATION
(Generally)
670.275 Policystatement
670.280 Denial,suspension or revocation of license based on criminal conviction; denial oflicense or imposition of discipline for conduct substantially related tofitness and ability of applicant or licensee
670.283 Powerof state agency to suspend license includes power to reinstate
670.290 Prohibiteduses of juvenile records in employment, licensing or admission
670.300 Licensingand advisory board officers; quorum and meeting requirements; compensation andexpenses of members
670.304 Applicationof ORS 670.300 to 670.380
670.306 Administrativeofficers for boards; other employees
670.310 Rulemakingauthority; board seal
670.315 Administrationof oaths; obtaining and taking evidence at board proceedings; effect of failureto obey board subpoena
670.325 Proceedingson denial of license; restraining violations; authority of administrative lawjudge; record of proceedings
670.335 Dispositionof fees received by boards; procedure for payment of board expenses
670.345 Procedurefor filling vacancies on board
670.350 Administrationof professional qualification examinations
(ReciprocalAgreements)
670.380 Whenreciprocal licensing or registration agreements authorized; termination
INDEPENDENTCONTRACTORS
670.600 Independentcontractor defined
670.605 Rulesfor application of definition of independent contractor
670.610 Refereesin recreational soccer matches considered independent contractors
INTERAGENCYCOMPLIANCE NETWORK
670.700 Agenciesin network; duties of network
670.705 Reporting
EDUCATIONALREQUIREMENTS
670.010Waiver of educational requirement for admission to examination for license orcertificate to practice profession, trade or calling. Any state boardor commission that examines applicants for license or certification to practicea profession or engage in a trade or calling may, in its discretion, waive theeducational requirement for admission to such examination, provided that theapplicant furnishes evidence satisfactory to such state board or commissionthat the applicant is currently enrolled in a school, college or universityapproved by such state board or commission and will satisfy the educationalrequirement for admission to such examination on satisfactory completion ofcourses for which the applicant is currently enrolled and that this educationalrequirement will be met not later than four calendar months from the first dayof the month following the month in which the examination is given. [1953 c.103§1; 1975 c.429 §5; 1977 c.47 §1]
670.020Filing evidence of complete educational requirement after taking examination. (1) Evidence ofcompletion of the educational requirement waived as provided in ORS 670.010shall be filed with such state board or commission not later than four calendarmonths from the first day of the month following the month in which theexamination is taken. State boards and commissions shall withhold officialcertification of the successful completion of the examination until suchevidence is furnished. The affidavit of the registrar or administrative head ofthe school, college or university shall be deemed satisfactory evidence.
(2)If any candidate admitted to an examination as provided in ORS 670.010 shallfail or neglect within said period to complete the educational requirement forsuch examination, then the completion of the examination by such candidateshall be null and void, and of no effect. The state board or commission whichexamined the candidate, however, shall retain any examination fee paid by thecandidate. [1953 c.103 §2; 1975 c.429 §6; 1981 c.89 §19]
670.275Policy statement.In enacting chapter 753, Oregon Laws 1971, it is the intention of theLegislative Assembly to provide for the more effective coordination of theadministrative functions of boards charged with responsibility for protectingthe public through the licensing and regulating of certain professionspracticed in this state. Further, it is the intention of the LegislativeAssembly to retain responsibility for decisions on qualifications, standards ofpractice, licensing, discipline and other discretionary functions relating toprofessional activities in the professional licensing boards, members of whichare qualified by education, training and experience to make the necessaryjudgments. [Formerly 184.575]
Note: LegislativeCounsel has substituted “chapter 753, Oregon Laws 1971,” for the words “thisAct” in section 1, chapter 753, Oregon Laws 1971, compiled as 670.275 [Formerly184.575]. Specific ORS references have not been substituted pursuant to173.160. These sections may be determined by referring to the 1971 ComparativeSection Table located in Volume 20 of ORS.
670.280Denial, suspension or revocation of license based on criminal conviction;denial of license or imposition of discipline for conduct substantially relatedto fitness and ability of applicant or licensee. (1) As used inthis section:
(a)“License” includes a registration, certification or permit.
(b)“Licensee” includes a registrant or a holder of a certification or permit.
(2)Except as provided in ORS 342.143 (3) or 342.175 (3), a licensing board,commission or agency may not deny, suspend or revoke an occupational orprofessional license solely for the reason that the applicant or licensee hasbeen convicted of a crime, but it may consider the relationship of the factswhich support the conviction and all intervening circumstances to the specificoccupational or professional standards in determining the fitness of the personto receive or hold the license.
(3)Except as provided in ORS 342.143 (3) and 342.175 (3), a licensing board,commission or agency may deny an occupational or professional license or imposediscipline on a licensee based on conduct that is not undertaken directly inthe course of the licensed activity, but that is substantially related to thefitness and ability of the applicant or licensee to engage in the activity forwhich the license is required. In determining whether the conduct issubstantially related to the fitness and ability of the applicant or licenseeto engage in the activity for which the license is required, the licensingboard, commission or agency shall consider the relationship of the facts withrespect to the conduct and all intervening circumstances to the specificoccupational or professional standards. [1973 c.359 §1; 1991 c.662 §6a; 2003c.749 §13; 2009 c.386 §5]
670.283Power of state agency to suspend license includes power to reinstate. If a stateagency, board or commission has the power to issue any license, certification orregistration necessary to practice any profession or engage in any trade orcalling, any statute granting the state agency, board or commission the powerto suspend the license, certification or registration includes the power toreinstate:
(1)At a time certain; or
(2)When the person subject to suspension fulfills conditions for reinstatement setby the agency, board or commission. [1979 c.201 §1]
670.285 [1975 c.759 §10;renumbered 183.435]
670.290Prohibited uses of juvenile records in employment, licensing or admission. It shall beunlawful for any state agency or licensing board, including the Oregon StateBar, to:
(1)Require that an applicant for employment, licensing or admission answer anyquestions regarding the existence or contents of a juvenile record that hasbeen expunged pursuant to ORS 419A.260 and 419A.262;
(2)Bar or discharge from employment or refuse to hire or employ such individualbecause of the existence or contents of a juvenile record that has beenexpunged pursuant to ORS 419A.260 and 419A.262; or
(3)Deny, revoke or suspend a license because of the existence or contents of ajuvenile record that has been expunged pursuant to ORS 419A.260 and 419A.262. [1977c.801 §2; 1983 c.820 §16; 1993 c.33 §360]
670.300Licensing and advisory board officers; quorum and meeting requirements;compensation and expenses of members. (1) Except as otherwise provided bylaw, each professional licensing and advisory board shall select annually oneof its members as chairperson and another as vice chairperson, with such powersand duties necessary for the performance of the functions of such offices asthe board shall determine.
(2)The majority of the members of the board constitutes a quorum for thetransaction of business.
(3)The board shall meet at least once a year, not later than July 1, at a place,day and hour determined by the board. The board shall also meet at such othertimes and places as are specified by the call of the chairperson or a majorityof the members of the board.
(4)Members of the board are entitled to compensation and expenses as provided inORS 292.495. [1971 c.753 §8; 1987 c.414 §95]
670.304Application of ORS 670.300 to 670.380. Except as otherwise specificallyprovided, ORS 670.300 to 670.380 apply to the following professional licensingand advisory boards:
(1)Professional licensing and advisory boards established in the Office of theSecretary of State.
(2)The Oregon Board of Maritime Pilots.
(3)The Board of Cosmetology, in the Oregon Health Licensing Agency.
(4)The State Board of Architect Examiners.
(5)The State Landscape Contractors Board.
(6)The State Board of Examiners for Engineering and Land Surveying.
670.305 [1971 c.753 §9;repealed by 1973 c.659 §1 (670.306 enacted in lieu of 670.305)]
670.306Administrative officers for boards; other employees. (1) Subsections(2) and (3) of this section shall apply only to the following professionallicensing boards:
(a)State Board of Architect Examiners.
(b)Construction Contractors Board.
(c)State Board of Examiners for Engineering and Land Surveying.
(d)State Landscape Architect Board.
(e)State Landscape Contractors Board.
(f)Oregon Board of Accountancy.
(g)State Board of Tax Practitioners.
(2)A board shall fix the qualifications of and appoint an administrative officer.The determination of qualifications and appointment of an administrativeofficer shall be made after consultation with the Governor.
(3)An administrative officer of a board shall not be a member of that board.
(4)Subject to the applicable rules of the State Personnel Relations Law, the boardshall fix the compensation of its administrator, who shall be in theunclassified service.
(5)Subject to applicable rules of the State Personnel Relations Law, theadministrative officer shall appoint all subordinate employees, prescribe theirduties and fix their compensation. [1973 c.659 §2 (enacted in lieu of 670.305);1975 c.429 §7; 1975 c.464 §1; 1981 c.821 §2; 1987 c.414 §96; 1993 c.744 §242;1995 c.79 §338; 1997 c.3 §3; 1997 c.21 §2; 1999 c.59 §199; 1999 c.322 §41; 2007c.768 §67]
670.310Rulemaking authority; board seal. (1) Except as otherwise provided by lawand in accordance with any applicable provisions of ORS chapter 183, eachprofessional licensing board and advisory board may make such rules as arenecessary or proper for the administration of the laws such board is chargedwith administering.
(2)Each professional licensing board and advisory board may adopt a seal. [1971c.753 §10; 1987 c.414 §97]
670.315Administration of oaths; obtaining and taking evidence at board proceedings;effect of failure to obey board subpoena. (1) Except as otherwise providedby law, each professional licensing board or advisory board, acting through itschairperson or vice chairperson or an administrative law judge, may administeroaths, take depositions and issue subpoenas to compel the attendance of witnessesand the production of books, papers, records, memoranda or other informationnecessary to the carrying out of the laws the board is charged withadministering.
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672. ProfessionalEngineers; Land Surveyors; Photogrammetrists; Geologists
673. Accountants;Tax Consultants and Preparers
674. RealEstate Appraisers and Appraisal
675. Psychologists;Occupational Therapists; Certified Sex Offender Therapists; Regulated SocialWorkers; Licensed Professional Counselors and Marriage and Family Therapists
676. HealthProfessions Generally
677. Regulationof Medicine, Podiatry and Acupuncture
678. Nurses;Nursing Home Administrators
679. Dentists
680. DentalHygienists; Denturists
681. Hearingand Speech Professionals
682. Regulationof Ambulance Services and Emergency Medical Personnel
692. FuneralService Practitioners; Embalmers; Death Care Consultants; FuneralEstablishments; Cemetery and Crematory Operators
693. Plumbers
694. HearingAid Specialists
695. WatchDealers
696. RealEstate and Escrow Activities
697. CollectionAgencies; Check-Cashing Businesses; Debt Management Service Providers
698. Auctions
699. Innkeepersand Hotelkeepers
700. EnvironmentalHealth Specialists; Waste Water Specialists
701. ConstructionContractors and Contracts
702. StudentAthlete Agents
703. TruthVerification and Deception Detection; Investigators
704. Outfittersand Guides
_______________
OCCUPATIONSAND PROFESSIONS
Chapter 670 — Occupationsand Professions Generally
2009 EDITION
OCCUPATIONSAND PROFESSIONS GENERALLY
EDUCATIONALREQUIREMENTS
670.010 Waiverof educational requirement for admission to examination for license orcertificate to practice profession, trade or calling
670.020 Filingevidence of complete educational requirement after taking examination
LICENSINGADMINISTRATION
(Generally)
670.275 Policystatement
670.280 Denial,suspension or revocation of license based on criminal conviction; denial oflicense or imposition of discipline for conduct substantially related tofitness and ability of applicant or licensee
670.283 Powerof state agency to suspend license includes power to reinstate
670.290 Prohibiteduses of juvenile records in employment, licensing or admission
670.300 Licensingand advisory board officers; quorum and meeting requirements; compensation andexpenses of members
670.304 Applicationof ORS 670.300 to 670.380
670.306 Administrativeofficers for boards; other employees
670.310 Rulemakingauthority; board seal
670.315 Administrationof oaths; obtaining and taking evidence at board proceedings; effect of failureto obey board subpoena
670.325 Proceedingson denial of license; restraining violations; authority of administrative lawjudge; record of proceedings
670.335 Dispositionof fees received by boards; procedure for payment of board expenses
670.345 Procedurefor filling vacancies on board
670.350 Administrationof professional qualification examinations
(ReciprocalAgreements)
670.380 Whenreciprocal licensing or registration agreements authorized; termination
INDEPENDENTCONTRACTORS
670.600 Independentcontractor defined
670.605 Rulesfor application of definition of independent contractor
670.610 Refereesin recreational soccer matches considered independent contractors
INTERAGENCYCOMPLIANCE NETWORK
670.700 Agenciesin network; duties of network
670.705 Reporting
EDUCATIONALREQUIREMENTS
670.010Waiver of educational requirement for admission to examination for license orcertificate to practice profession, trade or calling. Any state boardor commission that examines applicants for license or certification to practicea profession or engage in a trade or calling may, in its discretion, waive theeducational requirement for admission to such examination, provided that theapplicant furnishes evidence satisfactory to such state board or commissionthat the applicant is currently enrolled in a school, college or universityapproved by such state board or commission and will satisfy the educationalrequirement for admission to such examination on satisfactory completion ofcourses for which the applicant is currently enrolled and that this educationalrequirement will be met not later than four calendar months from the first dayof the month following the month in which the examination is given. [1953 c.103§1; 1975 c.429 §5; 1977 c.47 §1]
670.020Filing evidence of complete educational requirement after taking examination. (1) Evidence ofcompletion of the educational requirement waived as provided in ORS 670.010shall be filed with such state board or commission not later than four calendarmonths from the first day of the month following the month in which theexamination is taken. State boards and commissions shall withhold officialcertification of the successful completion of the examination until suchevidence is furnished. The affidavit of the registrar or administrative head ofthe school, college or university shall be deemed satisfactory evidence.
(2)If any candidate admitted to an examination as provided in ORS 670.010 shallfail or neglect within said period to complete the educational requirement forsuch examination, then the completion of the examination by such candidateshall be null and void, and of no effect. The state board or commission whichexamined the candidate, however, shall retain any examination fee paid by thecandidate. [1953 c.103 §2; 1975 c.429 §6; 1981 c.89 §19]
670.275Policy statement.In enacting chapter 753, Oregon Laws 1971, it is the intention of theLegislative Assembly to provide for the more effective coordination of theadministrative functions of boards charged with responsibility for protectingthe public through the licensing and regulating of certain professionspracticed in this state. Further, it is the intention of the LegislativeAssembly to retain responsibility for decisions on qualifications, standards ofpractice, licensing, discipline and other discretionary functions relating toprofessional activities in the professional licensing boards, members of whichare qualified by education, training and experience to make the necessaryjudgments. [Formerly 184.575]
Note: LegislativeCounsel has substituted “chapter 753, Oregon Laws 1971,” for the words “thisAct” in section 1, chapter 753, Oregon Laws 1971, compiled as 670.275 [Formerly184.575]. Specific ORS references have not been substituted pursuant to173.160. These sections may be determined by referring to the 1971 ComparativeSection Table located in Volume 20 of ORS.
670.280Denial, suspension or revocation of license based on criminal conviction;denial of license or imposition of discipline for conduct substantially relatedto fitness and ability of applicant or licensee. (1) As used inthis section:
(a)“License” includes a registration, certification or permit.
(b)“Licensee” includes a registrant or a holder of a certification or permit.
(2)Except as provided in ORS 342.143 (3) or 342.175 (3), a licensing board,commission or agency may not deny, suspend or revoke an occupational orprofessional license solely for the reason that the applicant or licensee hasbeen convicted of a crime, but it may consider the relationship of the factswhich support the conviction and all intervening circumstances to the specificoccupational or professional standards in determining the fitness of the personto receive or hold the license.
(3)Except as provided in ORS 342.143 (3) and 342.175 (3), a licensing board,commission or agency may deny an occupational or professional license or imposediscipline on a licensee based on conduct that is not undertaken directly inthe course of the licensed activity, but that is substantially related to thefitness and ability of the applicant or licensee to engage in the activity forwhich the license is required. In determining whether the conduct issubstantially related to the fitness and ability of the applicant or licenseeto engage in the activity for which the license is required, the licensingboard, commission or agency shall consider the relationship of the facts withrespect to the conduct and all intervening circumstances to the specificoccupational or professional standards. [1973 c.359 §1; 1991 c.662 §6a; 2003c.749 §13; 2009 c.386 §5]
670.283Power of state agency to suspend license includes power to reinstate. If a stateagency, board or commission has the power to issue any license, certification orregistration necessary to practice any profession or engage in any trade orcalling, any statute granting the state agency, board or commission the powerto suspend the license, certification or registration includes the power toreinstate:
(1)At a time certain; or
(2)When the person subject to suspension fulfills conditions for reinstatement setby the agency, board or commission. [1979 c.201 §1]
670.285 [1975 c.759 §10;renumbered 183.435]
670.290Prohibited uses of juvenile records in employment, licensing or admission. It shall beunlawful for any state agency or licensing board, including the Oregon StateBar, to:
(1)Require that an applicant for employment, licensing or admission answer anyquestions regarding the existence or contents of a juvenile record that hasbeen expunged pursuant to ORS 419A.260 and 419A.262;
(2)Bar or discharge from employment or refuse to hire or employ such individualbecause of the existence or contents of a juvenile record that has beenexpunged pursuant to ORS 419A.260 and 419A.262; or
(3)Deny, revoke or suspend a license because of the existence or contents of ajuvenile record that has been expunged pursuant to ORS 419A.260 and 419A.262. [1977c.801 §2; 1983 c.820 §16; 1993 c.33 §360]
670.300Licensing and advisory board officers; quorum and meeting requirements;compensation and expenses of members. (1) Except as otherwise provided bylaw, each professional licensing and advisory board shall select annually oneof its members as chairperson and another as vice chairperson, with such powersand duties necessary for the performance of the functions of such offices asthe board shall determine.
(2)The majority of the members of the board constitutes a quorum for thetransaction of business.
(3)The board shall meet at least once a year, not later than July 1, at a place,day and hour determined by the board. The board shall also meet at such othertimes and places as are specified by the call of the chairperson or a majorityof the members of the board.
(4)Members of the board are entitled to compensation and expenses as provided inORS 292.495. [1971 c.753 §8; 1987 c.414 §95]
670.304Application of ORS 670.300 to 670.380. Except as otherwise specificallyprovided, ORS 670.300 to 670.380 apply to the following professional licensingand advisory boards:
(1)Professional licensing and advisory boards established in the Office of theSecretary of State.
(2)The Oregon Board of Maritime Pilots.
(3)The Board of Cosmetology, in the Oregon Health Licensing Agency.
(4)The State Board of Architect Examiners.
(5)The State Landscape Contractors Board.
(6)The State Board of Examiners for Engineering and Land Surveying.
670.305 [1971 c.753 §9;repealed by 1973 c.659 §1 (670.306 enacted in lieu of 670.305)]
670.306Administrative officers for boards; other employees. (1) Subsections(2) and (3) of this section shall apply only to the following professionallicensing boards:
(a)State Board of Architect Examiners.
(b)Construction Contractors Board.
(c)State Board of Examiners for Engineering and Land Surveying.
(d)State Landscape Architect Board.
(e)State Landscape Contractors Board.
(f)Oregon Board of Accountancy.
(g)State Board of Tax Practitioners.
(2)A board shall fix the qualifications of and appoint an administrative officer.The determination of qualifications and appointment of an administrativeofficer shall be made after consultation with the Governor.
(3)An administrative officer of a board shall not be a member of that board.
(4)Subject to the applicable rules of the State Personnel Relations Law, the boardshall fix the compensation of its administrator, who shall be in theunclassified service.
(5)Subject to applicable rules of the State Personnel Relations Law, theadministrative officer shall appoint all subordinate employees, prescribe theirduties and fix their compensation. [1973 c.659 §2 (enacted in lieu of 670.305);1975 c.429 §7; 1975 c.464 §1; 1981 c.821 §2; 1987 c.414 §96; 1993 c.744 §242;1995 c.79 §338; 1997 c.3 §3; 1997 c.21 §2; 1999 c.59 §199; 1999 c.322 §41; 2007c.768 §67]
670.310Rulemaking authority; board seal. (1) Except as otherwise provided by lawand in accordance with any applicable provisions of ORS chapter 183, eachprofessional licensing board and advisory board may make such rules as arenecessary or proper for the administration of the laws such board is chargedwith administering.
(2)Each professional licensing board and advisory board may adopt a seal. [1971c.753 §10; 1987 c.414 §97]
670.315Administration of oaths; obtaining and taking evidence at board proceedings;effect of failure to obey board subpoena. (1) Except as otherwise providedby law, each professional licensing board or advisory board, acting through itschairperson or vice chairperson or an administrative law judge, may administeroaths, take depositions and issue subpoenas to compel the attendance of witnessesand the production of books, papers, records, memoranda or other informationnecessary to the carrying out of the laws the board is charged withadministering.
