Oregon Revised Statutes Chapter 671 § 671.090 — Prohibitions; board investigations; confidentiality and allowable disclosures;

Prohibitions; board investigations; confidentiality and allowable disclosures; violations; penalties. (1) A person may not: (a) Use fraud or deception in applying for a certificate of registration or in passing an examination required under ORS 671.010 to 671.220. (b) Falsely impersonate a registered architect or engage in the practice of architecture in this state without a certificate of registration from the State Board of Architect Examiners. (c) Engage in the practice of architecture in this state under an assumed or fictitious business name without registering the assumed or fictitious business name under ORS chapter 648. (d) Demonstrate fraud, deceit, gross negligence, incompetency or misconduct in the practice of architecture or in the provision of architectural services. (e) Willfully evade or attempt to evade any law, ordinance, code or regulation of this state, or of counties and cities of this state, that govern the construction of buildings. (f) Stamp or sign any technical submissions unless the person is a registered architect and prepared the technical submissions or caused the technical submissions to be prepared under the person’s direct control and supervision. (g) Receive rebates, commissions, grants of moneys or favors to which the person is not entitled or is not justified in receiving, if the person is a registered architect and is doing work for another person that is unaware of the rebate, commission, moneys or favor. (h) Engage in the practice of architecture or the provision of architectural services in a manner contrary to the provisions and requirements of ORS 671.010 to 671.220. (i) Fail to comply with any continuing education requirements the board adopts under ORS 671.125, unless the board waives the requirements. (j) Be convicted of any crime under circumstances that relate to the practice of architecture or the provision of architectural services. (k) Be the subject of a final order in a disciplinary action that suspends or revokes the person’s right to engage in the practice of architecture in another jurisdiction. (L) Engage in conduct that the board determines is unprofessional or dishonorable. (m) Violate a provision of ORS 671.010 to 671.220, a rule the board adopts under ORS 671.010 to 671.220 or an order the board issues under the authority of ORS 671.010 to 671.220. (2)(a) The board may investigate, at the board’s own initiative or in response to a complaint under ORS 671.100, any conduct that the board reasonably determines constitutes or could constitute a violation of a provision of subsection (1) of this section. (b) Except as provided in paragraphs (c) and (d) of this subsection, information the board obtains or receives in an investigation under paragraph (a) of this subsection is confidential and is not subject to disclosure under ORS 192.311 to 192.478 unless the public interest requires the disclosure. (c) The board may disclose information described in paragraph (b) of this subsection if: (A) The investigation results in a proceeding for which the board gives notice under ORS 183.413; or (B) The board issues a finding or final order related to matters the board investigated under paragraph (a) of this subsection. (d) The board may disclose the fact that the board is conducting an investigation under paragraph (a) of this subsection to the subject of the investigation and to the public and may describe in the disclosure the general nature of the matter the board is investigating. (3)(a) If the board determines that a person has violated a provision of subsection (1) of this section, the board may: (A) Refuse to issue or renew a certificate of registration to the person or to reinstate a certificate of registration the board previously issued to the person; (B) Suspend or revoke the person’s certificate of registration; or (C) Reprimand or otherwise discipline the person. (b) In addition to taking an action set forth in paragraph (a) of this subsection, the board may impose a civil penalty under ORS 671.990 upon a person that violates subsection (1) of this section. (4) Actions the board takes under subsection (3) of this section: (a) Are subject to all applicable provisions of ORS chapter 183 including, but not limited to, a requirement to afford the subject of the action an opportunity for a hearing and the requirements for judicial review of any order of the board; and (b) May be cumulative and are in addition to and not in lieu of any other applicable penalty or liability to which a person is subject for a violation of the laws of this state. [Amended by 1973 c.832 §24; 1977 c.803 §12; 1979 c.354 §2; 1999 c.802 §5; 2003 c.165 §1; 2013 c.196 §10; 2023 c.70 §12]