OAR 833-080-0061: Continuing Education Audit and Penalties

(1) The Board will conduct an audit of the records of randomly selected licensees to verify actual participation, completion, and compliance with standards for content and providers of approved continuing professional education. (2) Failure to comply with any provision of OAR Chapter 833, Division 80, or misrepresentation of compliance, constitutes a violation of ORS 675.745(1)(f) and is grounds for disciplinary action. (3) Audited licensees hold the burden of proof of submission. (4) A licensee selected for the continuing education random audit who responds after the stated due date is subject to disciplinary action, to include but not limited to the following sanction: (a) Up to 30 days late: $200 delinquent fee. (b) Up to 60 days late: $300 delinquent fee. (c) Failure to respond after 60 days late: $500 delinquent fee and the licensee's license will be suspended until the licensee provides a complete response documenting the licensee's compliance with the continuing education requirements. (5) A licensee selected for the continuing education audit whose hours are deficient, including a licensee’s failure to submit complete documentation, is subject to disciplinary action, to include but not limited to the following sanctions: (a) Deficiency up to 10 clock hours: $250; (b) Deficiency up to 20 clock hours: $500; (c) Deficiency up to 30 clock hours: $750; (d) Deficiency up to 40 clock hours: $1,000. (e) A licensee found to be deficient will be given 30 days to complete the deficient hours. Hours made up may not be double counted towards a subsequent reporting period. (A) If the licensee fails to complete the deficient hours within 30 days, an additional $250 fine will be assessed, and licensee may be subject to further disciplinary action. (B) If the licensee fails to complete the deficient hours within 90 days, the licensee’s license will be suspended for a minimum of 60 days.