The Complaint Process

General Information  

Oregon law charges the Oregon State Board of Examiners for Engineering and Land Surveying (OSBEELS) with carefully investigating any complaints or information relating to violations of the Oregon Revised Statutes (ORS) 672.002 to 672.325 and the Oregon Administrative Rules (OAR, Chapter 820).  The Regulation Department of OSBEELS receives, tracks, and investigates complaints and presents findings to the Law Enforcement Committee (LEC) for recommendations to the Board.   

In accordance with ORS 672.210; in particular subsection 1 and OAR 820-015-0010; in particular subsections 1 and 2, anyone (complainant) may submit a complaint against any individual, including a registrant. OSBEELS also accepts anonymous complaints. Additionally, ORS 672.210; in particular subsection 1 states that OSBEELS may initiate its own compliant against a person. The Board represents the public welfare as a whole, not the complainant as in an attorney client relationship.

Complaint Process

Upon receipt of a complaint form or other written information against an applicant, registrant or another person (respondent), the Regulation Department staff will conduct a preliminary review to establish that there is sufficient evidence to justify proceeding and whether the allegations against the respondent are such that, if proven, would result in a penalty or sanction.  

The complainant's role is to provide OSBEELS with any relevant information or documentation pertaining to the complaint. Circumstances may arise when the anonymity of a complainant makes it difficult to proceed in a case due to insufficient evidence to support actions that may be in violation. Therefore, if filing an anonymous complaint, it is important for the complainant to provide clear and specific information in relation to the alleged violation(s) of the respondent.  

If the complaint is considered valid, the respondent will be notified of the allegations by mail and written comments will be requested.  As part of the investigation process, the Regulation Department staff may seek additional responses from the respondent, request a review of the matter by professionals with relevant experience (expert reviewer(s)), and/or ask for legal review from OSBEELS' Assistant Attorney General.  All relevant information is compiled and presented to the LEC, during a scheduled meeting, for determination.  The determination results in an “action” or “no action.”  An “action” consists of a notice of intent, additional investigation, or expert reviewer(s).  A “no action” consists of closing the case.  

Depending on the result of an investigation, a case may not be subject to a disciplinary action.  However, if the LEC determines that there are sufficient facts and legal grounds to proceed, it will direct the Regulation Department staff or the OSBEELS' Assistant Attorney General to prepare a notice of intent for disciplinary action.  Such notices are governed by the Oregon Administrative Procedures Act, namely the ORS 183.415.  The notice of intent is a formal notice sent to the respondent, stating the actions that are in violation of OSBEELS regulatory authority, a proposed disciplinary action, and informs the respondent of their rights to a hearing.  Additionally, complainants may be requested to provide testimony for the case.

Contacts:

James R. (JR) Wilkinson, Investigator

Allen McCartt, Investigator

Resources: 

Complaint Form

Complaint Process Flow Chart

The Complaint form is in PDF format, and Adobe Acrobat Reader is required. Click the link below to download the free Adobe Acrobat Reader.

Readers are available from Adobe® Systems and are freeware. For questions about loading Adobe® Acrobat® Reader software onto your computer, or for technical assistance, please contact Adobe® Systems.