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]

Source: Section 671.220 — Civil penalties; injunction; effect of failure to be registered; representation of membership in trade or professional organization; use of civil penalty moneys, https://www.­oregonlegislature.­gov/bills_laws/ors/ors671.­html.

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)

671.010
Definitions for ORS 671.010 to 671.220 671.020
Registration requirement 671.025
Certain drawings and specifications to carry stamp 671.030
Activities not considered as “practice of architecture.” 671.041
Provision of architectural services by corporate firm 671.045
Liability of professional corporation 671.047
Application of general corporation law to professional corporations 671.050
Application for certificate of registration 671.060
Examination of applicants 671.065
Certification based on recognition by national council or other jurisdictions 671.080
Renewal 671.085
Fees 671.090
Grounds for denial, suspension or revocation of certificates 671.100
Disciplinary authority of board 671.105
Hearing required in disciplinary action 671.120
State Board of Architect Examiners 671.125
Rulemaking authority of board 671.220
Civil penalties 671.310
Definitions for ORS 671.310 to 671.459 671.312
Purpose of ORS 671.310 to 671.459, 671.992 and 671.995 671.316
Registration requirement for practice of landscape architecture 671.318
Businesses providing landscape architecture services 671.321
Activities not considered practice of landscape architecture 671.325
Application for registration 671.335
Examination 671.338
Confidentiality of application, examination and investigatory information 671.345
Registration based on recognition by other jurisdictions 671.365
Fees 671.376
Renewal 671.379
Stamps 671.393
Code of professional conduct 671.395
Continuing education 671.404
Grounds for refusal to register or renew or for suspension 671.408
Disciplinary actions 671.412
Public contract requirements 671.415
Rulemaking authority 671.425
Issuance of registration after revocation 671.442
Arbitration 671.445
Investigation of complaints 671.447
Persons supplying information to board or advisory committee 671.459
State Landscape Architect Board 671.510
Short title 671.520
Definitions for ORS 671.510 to 671.760 671.522
Artificial turf 671.524
Landscape irrigation systems 671.525
Applicant for landscape contracting business license required to be independent contractor 671.527
Applicant for landscape contracting business license workers’ compensation coverage 671.530
Licensing requirements 671.540
Application of ORS 671.510 to 671.760 671.543
Subcontracting 671.550
Authority of board to investigate 671.555
Investigation of person engaged in landscape contracting business 671.557
Injunctive relief 671.560
Issuance of license 671.561
Practical skills testing 671.562
Landscape contracting business workers’ compensation coverage 671.563
Applicant notice of unpaid judgments, awards and orders 671.565
Landscape contracting business license application process and information requirements 671.568
Inactive status for landscape contracting business license 671.570
Qualifications for landscape construction professional license 671.571
Probationary license 671.572
Alternative licensing standards for person licensed as construction contractor 671.574
Inactive status for landscape construction professional license 671.575
License required to obtain judicial or administrative remedy 671.578
Suit for damages for misrepresentation 671.580
Landscape construction professional license not transferable 671.590
Reciprocal landscape construction professional licensing 671.595
Coursework and examination requirements for noncontractor owners and managing employees 671.600
New landscape contracting business license required upon change of ownership 671.603
Persons required to give notification of change of address 671.605
Effect of change in partners or corporate owners 671.607
License refusal or suspension for landscape contracting business debt 671.610
Grounds for sanctions against licensee 671.613
Sanction for failure to comply with certain laws 671.614
Placement on probation 671.615
Installation of backflow assemblies 671.617
Examination for backflow assembly installer license 671.625
Minimum standards for contracts and billings 671.630
State Landscape Contractors Board 671.650
License fees 671.655
Deposit of moneys 671.660
Renewal of licenses 671.670
Rulemaking authority 671.676
Continuing education 671.681
Advisory and technical committees 671.690
Surety bond, letter of credit or other security 671.695
Types of claims 671.700
Notice of claim 671.701
Claims against business holding dual licensing 671.703
Investigation of claim 671.707
Actions following final order of board 671.710
Priority on satisfaction of claims 671.750
Portland metropolitan area business licenses 671.755
Issuance of business license by metropolitan service district 671.760
Business income tax 671.990
Penalties for violations of ORS 671.010 to 671.220 or 671.530 671.992
Criminal penalties for violations of ORS 671.310 to 671.459 671.995
Civil penalties for violations of ORS 671.310 to 671.459 671.997
Civil penalties for violations of ORS 671.510 to 671.760
Green check means up to date. Up to date

Current through early 2024

§ 671.220’s source at oregon​.gov