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USA Statutes : oregon
Title : TITLE 51 LABOR AND EMPLOYMENT
Chapter : Chapter 670 Occupations and Professions Generally
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Any state board or commission that examines applicants for
license or certification to practice a profession or engage in a trade or
calling may, in its discretion, waive the educational requirement for
admission to such examination, provided that the applicant furnishes
evidence satisfactory to such state board or commission that the
applicant is currently enrolled in a school, college or university
approved by such state board or commission and will satisfy the
educational requirement for admission to such examination on satisfactory
completion of courses for which the applicant is currently enrolled and
that this educational requirement will be met not later than four
calendar months from the first day of the month following the month in
which the examination is given. [1953 c.103 §1; 1975 c.429 §5; 1977 c.47
§1](1) Evidence of completion of the educational
requirement waived as provided in ORS 670.010 shall be filed with such
state board or commission not later than four calendar months from the
first day of the month following the month in which the examination is
taken. State boards and commissions shall withhold official certification
of the successful completion of the examination until such evidence is
furnished. The affidavit of the registrar or administrative head of the
school, college or university shall be deemed satisfactory evidence.
(2) If any candidate admitted to an examination as provided in ORS
670.010 shall fail or neglect within said period to complete the
educational requirement for such examination, then the completion of the
examination by such candidate shall be null and void, and of no effect.
The state board or commission which examined the candidate, however,
shall retain any examination fee paid by the candidate. [1953 c.103 §2;
1975 c.429 §6; 1981 c.89 §19]LICENSING ADMINISTRATION(Generally) In enacting chapter 753, Oregon Laws
1971, it is the intention of the Legislative Assembly to provide for the
more effective coordination of the administrative functions of boards
charged with responsibility for protecting the public through the
licensing and regulating of certain professions practiced in this state.
Further, it is the intention of the Legislative Assembly to retain
responsibility for decisions on qualifications, standards of practice,
licensing, discipline and other discretionary functions relating to
professional activities in the professional licensing boards, members of
which are qualified by education, training and experience to make the
necessary judgments. [Formerly 184.575]Note: Legislative Counsel has substituted “chapter 753, Oregon Laws
1971,” for the words “this Act” in section 1, chapter 753, Oregon Laws
1971, compiled as 670.275 [Formerly 184.575]. Specific ORS references
have not been substituted pursuant to 173.160. These sections may be
determined by referring to the 1971 Comparative Section Table located in
Volume 20 of ORS.(1) As used in this 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 or 342.175, a licensing
board, commission or agency may not deny, suspend or revoke an
occupational or professional license solely for the reason that the
applicant or licensee has been convicted of a crime, but it may consider
the relationship of the facts which support the conviction and all
intervening circumstances to the specific occupational or professional
standards in determining the fitness of the person to receive or hold the
license.
(3) A licensing board, commission or agency may deny an
occupational or professional license or impose discipline on a licensee
based on conduct that is not undertaken directly in the course of the
licensed activity, but that is substantially related to the fitness and
ability of the applicant or licensee to engage in the activity for which
the license is required. In determining whether the conduct is
substantially related to the fitness and ability of the applicant or
licensee to engage in the activity for which the license is required, the
licensing board, commission or agency shall consider the relationship of
the facts with respect to the conduct and all intervening circumstances
to the specific occupational or professional standards. [1973 c.359 §1;
1991 c.662 §6a; 2003 c.749 §13]If a state agency, board or commission has the power to issue
any license, certification or registration necessary to practice any
profession or engage in any trade or calling, any statute granting the
state agency, board or commission the power to suspend the license,
certification or registration includes the power to reinstate:
(1) At a time certain; or
(2) When the person subject to suspension fulfills conditions for
reinstatement set by the agency, board or commission. [1979 c.201 §1]It shall be unlawful for any state agency or
licensing board, including the Oregon State Bar, to:
(1) Require that an applicant for employment, licensing or
admission answer any questions regarding the existence or contents of a
juvenile record that has been expunged pursuant to ORS 419A.260 and
419A.262;
(2) Bar or discharge from employment or refuse to hire or employ
such individual because of the existence or contents of a juvenile record
that has been expunged pursuant to ORS 419A.260 and 419A.262; or
(3) Deny, revoke or suspend a license because of the existence or
contents of a juvenile record that has been expunged pursuant to ORS
419A.260 and 419A.262. [1977 c.801 §2; 1983 c.820 §16; 1993 c.33 §360](1) Except as
otherwise provided by law, each professional licensing and advisory board
shall select annually one of its members as chairperson and another as
vice chairperson, with such powers and duties necessary for the
performance of the functions of such offices as the board shall determine.
(2) The majority of the members of the board constitutes a quorum
for the transaction 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 other times and places as are specified by the call of the
chairperson or a majority of the members of the board.
(4) Members of the board are entitled to compensation and expenses
as provided in ORS 292.495. [1971 c.753 §8; 1987 c.414 §95] Except as otherwise
specifically provided, ORS 670.300 to 670.380 apply to the following
professional licensing and advisory boards:
(1) Professional licensing and advisory boards established in the
Office of the Secretary of State.
(2) The Oregon Board of Maritime Pilots, in the Department of
Transportation.
(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.
(7) State Landscape Architect Board.
(8) State Board of Geologist Examiners.
(9) State Board of Tax Practitioners.
(10) Oregon Board of Accountancy.
(11) The Construction Contractors Board. [1987 c.414 §94; 1991 c.67
§176; 1993 c.744 §241; 1997 c.3 §2; 1997 c.21 §1; 1999 c.425 §28; 1999
c.885 §19; 2001 c.160 §1; 2005 c.648 §49] (1)
Subsections (2) and (3) of this section shall apply only to the following
professional licensing 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) Oregon Board of Maritime Pilots.
(h) 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 administrative officer shall be made after consultation:
(a) In the case of a board referred to in subsection (1)(a), (b),
(c), (d), (e), (f) or (h) of this section, with the Governor.
(b) In the case of the Oregon Board of Maritime Pilots, with the
Director of Transportation.
(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 board shall fix the compensation of its administrator,
who shall be in the unclassified service.
(5) Subject to applicable rules of the State Personnel Relations
Law, the administrative officer shall appoint all subordinate employees,
prescribe their duties 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] (1) Except as otherwise
provided by law and in accordance with any applicable provisions of ORS
chapter 183, each professional licensing board and advisory board may
make such rules as are necessary or proper for the administration of the
laws such board is charged with administering.
(2) Each professional licensing board and advisory board may adopt
a seal. [1971 c.753 §10; 1987 c.414 §97](1) Except
as otherwise provided by law, each professional licensing board or
advisory board, acting through its chairperson or vice chairperson or an
administrative law judge, may administer oaths, take depositions and
issue subpoenas to compel the attendance of witnesses and the production
of books, papers, records, memoranda or other information necessary to
the carrying out of the laws the board is charged with administering.
(2) If any person fails to comply with a subpoena issued under this
section or refuses to testify on any matters on which the person may be
lawfully interrogated, the procedure provided in ORS 183.440 shall be
followed to compel obedience. [1971 c.753 §11; 1987 c.414 §98; 2003 c.75
§107](1) All
proceedings for the refusal to issue, or the suspension or revocation of
any license, certificate of registration or other evidence of authority
required to practice any profession subject to the authority of a
professional licensing or advisory board shall be conducted pursuant to
the procedure for contested cases required or authorized by ORS chapter
183.
(2) If a professional licensing or advisory board decides that any
person has or is about to engage in any activity that is or will be a
violation of law the board is charged with enforcing, the board may
institute a proceeding in an appropriate circuit court to restrain the
activity or proposed activity. An injunction may be issued without proof
of actual damages, but does not relieve the defendant of any criminal
liability.
(3) Any administrative law judge conducting a hearing for a
professional licensing board is vested with full authority of the board
to schedule and conduct hearings on behalf and in the name of the board
on all matters referred to the administrative law judge for hearing by
the board, including proceedings for placing persons registered or
licensed by the board on probation and for suspension and revocation of
registration or licenses, and shall cause to be prepared and furnished to
the board, for decision thereon by the board, a complete written
transcript of the record of the hearing. The transcript shall contain all
evidence introduced at the hearing and all pleas, motions and objections
and all rulings of the administrative law judge. Each administrative law
judge may administer oaths and issue summonses, notices and subpoenas,
but may not place any registrant or licensee on probation or issue,
refuse, suspend or revoke a registration or license. [1971 c.753 §13;
1987 c.414 §99; 1999 c.849 §155; 2003 c.75 §108]Except as otherwise provided by law, all fees
or other funds received by a professional licensing or advisory board
shall be paid into the State Treasury monthly. Such payments shall be
credited to separate accounts in the General Fund for each board, and any
such payments shall constitute a continuous appropriation of such amounts
from the General Fund for the purpose of carrying out the functions of
the board making the payment. All necessary expenses of each board shall
be paid from the amounts paid by such board in the same manner as other
claims against the state are paid, after approval thereof by the
chairperson or administrator of the board. [1971 c.753 §15; 1987 c.414
§101; 1993 c.744 §242a] At least 60 days
before a vacancy is to occur on a professional licensing or advisory
board, the professional organizations representing persons subject to
licensing or other regulation by the board may nominate at least three
qualified persons for each vacancy, and shall certify its nominees to the
appointing officer or body who shall consider these nominees in selecting
successors to retiring board members. This section does not apply to
appointment of public members. [1971 c.753 §17; 1987 c.414 §103]
Each professional licensing and advisory board that is authorized or
required by law to administer an examination as part of its determination
of professional qualifications shall administer such examinations at
least once each year at such time and place as the board shall designate.
[1971 c.753 §18; 1987 c.414 §104](Reciprocal Agreements)(1) If the administrator determines that the
standards, qualifications and examinations for licensing or registration
of building trades and mechanical and specialty skills of another state
are substantially similar to the standards, qualifications and
examinations required under applicable Oregon statutes and rules
administered by the agency as specified in ORS 455.100, the administrator
with approval of the designated examining or advisory board may, when it
is in the best interest of the economy of the State of Oregon, enter into
a reciprocal agreement with such other state to issue without examination
licenses or certificate of registration upon proof of licensing or
registration in such other state and upon payment of appropriate fees.
(2) Reciprocal agreements may be terminated by the administrator
with approval of the designated examining or advisory board, upon a
determination that the other party is not maintaining and enforcing
standards, qualifications and examinations substantially similar to those
of Oregon. [1974 s.s. c.47 §§1,2; 1987 c.414 §105; 2003 c.14 §411]INDEPENDENT CONTRACTORS (1) As used in this section:
(a) “Individual” means a natural person.
(b) “Person” has the meaning given that term in ORS 174.100.
(c) “Services” means labor or services.
(2) As used in ORS chapters 316, 656, 657, 671 and 701,
“independent contractor” means a person who provides services for
remuneration and who, in the provision of the services:
(a) Is free from direction and control over the means and manner of
providing the services, subject only to the right of the person for whom
the services are provided to specify the desired results;
(b) Except as provided in subsection (4) of this section, is
customarily engaged in an independently established business;
(c) Is licensed under ORS chapter 671 or 701 if the person provides
services for which a license is required under ORS chapter 671 or 701; and
(d) Is responsible for obtaining other licenses or certificates
necessary to provide the services.
(3) For purposes of subsection (2)(b) of this section, a person is
considered to be customarily engaged in an independently established
business if any three of the following requirements are met:
(a) The person maintains a business location:
(A) That is separate from the business or work location of the
person for whom the services are provided; or
(B) That is in a portion of the person’s residence and that portion
is used primarily for the business.
(b) The person bears the risk of loss related to the business or
the provision of services as shown by factors such as:
(A) The person enters into fixed-price contracts;
(B) The person is required to correct defective work;
(C) The person warrants the services provided; or
(D) The person negotiates indemnification agreements or purchases
liability insurance, performance bonds or errors and omissions insurance.
(c) The person provides contracted services for two or more
different persons within a 12-month period, or the person routinely
engages in business advertising, solicitation or other marketing efforts
reasonably calculated to obtain new contracts to provide similar services.
(d) The person makes a significant investment in the business,
through means such as:
(A) Purchasing tools or equipment necessary to provide the services;
(B) Paying for the premises or facilities where the services are
provided; or
(C) Paying for licenses, certificates or specialized training
required to provide the services.
(e) The person has the authority to hire other persons to provide
or to assist in providing the services and has the authority to fire
those persons.
(4) Subsection (2)(b) of this section does not apply if the person
files a Schedule F as part of an income tax return and the person
provides farm labor or farm services that are reportable on Schedule C of
an income tax return.
(5) For purposes of determining whether an individual provides
services as an independent contractor:
(a) The creation or use of a business entity, such as a corporation
or a limited liability company, by an individual for the purpose of
providing services does not, by itself, establish that the individual
provides services as an independent contractor.
(b) When the individual provides services through a business
entity, such as a corporation or a limited liability company, the
provisions in subsection (2), (3) or (4) of this section may be satisfied
by the individual or the business entity. [Formerly 701.025; 1997 c.398
§2; 1999 c.402 §9; 2003 c.704 §5; 2005 c.533 §§1,2](1) In accordance with ORS chapter 183, those agencies
responsible for the administration of ORS 671.510 to 671.710 and ORS
chapters 316, 656, 657 and 701 jointly shall adopt rules to carry out the
provisions of ORS 670.600.
(2) The agencies responsible for the administration of ORS 671.510
to 671.710 and ORS chapters 316, 656, 657 and 701 shall cooperate as
necessary in their compliance and enforcement activities to ensure among
the agencies the consistent interpretation and application of ORS
670.600. [Formerly 701.030; 2001 c.409 §4; 2005 c.94 §115; 2005 c.533 §3a]Notwithstanding ORS 670.600, for purposes of ORS
chapter 653, a person serving as a referee or assistant referee in a
youth or adult recreational soccer match shall be considered to be an
independent contractor. [2001 c.765 §3; 2005 c.94 §116]
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