OAR 583-050-0026: Invalidation of a Degree, Warning, Enforcement

Effective September 10, 2015: (1) Once the Commission determines a claimed degree is invalid or nonstandard, a person is presumed to not have knowledge of the invalidity, so as to reflect consideration for the possibility that the person was misled by the purported school or unaware of Oregon degree requirements. This presumption may be overcome by clear and convincing evidence. (2) Failure to provide when requested a transcript or other information needed for validation of a degree is prima facie evidence under statute that the claim to such degree is invalid. (3) Upon the failure or inability to produce conclusive evidence of a valid degree, the Commission shall notify the claimant in writing that a warning is issued and that the claimant must immediately cease and desist from making the invalidated claim. (4) Prior to the imposition of any penalty listed in subsection (5) of this rule, a person whose degree is found invalid, or the use of whose degree may be restricted, is entitled to a hearing in accordance with ORS chapter 183. Hearings will be provided in the following way: (a) The Commission's initial communication with a degree user will be an inquiry letter that will give the user 30 days from the date of the letter in which to address any issues regarding degree existence, validity and restriction. No hearing is provided at this stage; (b) If a degree user contacted by the Commission under paragraph (a) of this subsection does not respond within 30 days, or provides information that is insufficient to allow unrestricted degree use while expressing intent to continue using the degree, the Commission will issue a cease and desist letter to the user, setting forth the requirements of law and how the user's degree fails to meet those requirements. This letter will also be sent to the user's attorney, if any. The user will be given 30 days to respond, agreeing to either comply with the law or request a hearing to contest the Commission's findings: (A) If the user agrees to comply with the law within 30 days of the date of the letter, the Commission will provide the user with a standard form upon which such agreement can be stated and signed. No penalty will be imposed provided that the user carries out the agreement; (B) If the user does not respond within the 30 days, the Commission will proceed with a default hearing and may request the assessment of civil penalties; (C) If the user requests a hearing within 21 days, the hearing will be conducted by an Administrative Law Judge as provided in ORS 183.335. (c) If a hearing is held, the Administrative Law Judge will recommend a resolution to the Commission, which will decide whether the degree use meets Oregon standards, and if it does not, whether to impose a penalty and, if so, what the penalty should be. (5) Subsequent to such warning and in violation thereof, any renewed claim of an invalid degree exposes the violator to penalties as set forth in statute and under subsection (6) of this rule. (6) Any violation of ORS 348.603 or 348.609 may result in any or all of the following sanctions: (a) Prosecution for a Class B misdemeanor under ORS 348.992; (b) Injunction against further use of the claimed degree; (c) Civil suit for violation of Oregon’s Unlawful Trade Practices Act (UTPA), ORS 646.605 to 646.652, if applicable; or (d) A civil penalty not to exceed $1,000 per violation.