Architects
ORS
671.220
Civil penalties
- injunction
- effect of failure to be registered
- representation of membership in trade or professional organization
- use of civil penalty moneys
(1)
The State Board of Architect Examiners may assess a civil penalty, not to exceed $5,000 per offense, against any person who violates any provision of ORS 671.010 (Definitions for ORS 671.010 to 671.220) to 671.220 (Civil penalties) or any rule adopted under ORS 671.010 (Definitions for ORS 671.010 to 671.220) to 671.220 (Civil penalties). A civil penalty authorized under this section is in addition to and not in lieu of any other penalty or sanction provided by law.(2)
If the board determines that a person is engaging or about to engage in an activity in violation of ORS 671.020 (Registration requirement) or 671.041 (Provision of architectural services by corporate firm), 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 from the imposition of a civil penalty for violation of ORS 671.010 (Definitions for ORS 671.010 to 671.220) to 671.220 (Civil penalties).(3)
A person practicing architecture may not maintain a proceeding in a court of this state in regard to the practice of architecture unless the person alleges and proves that the person was registered as an architect under ORS 671.010 (Definitions for ORS 671.010 to 671.220) to 671.220 (Civil penalties), or was an affiliated consulting architect or foreign architect, at the time of practicing architecture. A firm engaged in the provision of architectural services may not maintain a proceeding in any court of this state in regard to the provision of architectural services unless the firm was registered under ORS 671.010 (Definitions for ORS 671.010 to 671.220) to 671.220 (Civil penalties) at the time of providing the architectural services.(4)
Civil penalties under this section shall be imposed as provided in ORS 183.745 (Civil penalty procedures).(5)
ORS 671.010 (Definitions for ORS 671.010 to 671.220) to 671.220 (Civil penalties) do not prevent any person from representing the person’s membership or affiliation with any bona fide professional or trade organization unless the representation is made to advance that person’s unlicensed practice of architecture or unlawful attempt to practice architecture.(6)
Notwithstanding ORS 670.335 (Disposition of fees received by boards), civil penalties recovered under this section shall be deposited into an account established by the board as provided in ORS 182.470 (Accounts for and investment of moneys collected or received by semi-independent state agencies). Moneys deposited are appropriated continuously to the board and shall be used only for the administration and enforcement of ORS 182.456 (Definitions for ORS 182.456 to 182.472) to 182.472 (Reports) and 671.010 (Definitions for ORS 671.010 to 671.220) to 671.220 (Civil penalties). [Amended by 1961 c.585 §7; 1977 c.803 §16; 1983 c.389 §3; 1989 c.795 §§2,5; 1991 c.734 §64; 1995 c.327 §2; 1995 c.762 §1; 1997 c.643 §13; 1999 c.1084 §58; 2013 c.196 §14]Notes of Decisions
California architects who were not licensed to practice in Oregon could not maintain an action in Oregon courts to recover damages for the conversion of plans and designs. Central Coast Const. v. Nels Laundry, 275 Or 573, 551 P2d 1294 (1976)