OAR 858-040-0070: Failure to Comply

(1) A Renewal Notice and Reporting Affidavit shall be deemed timely if it is postmarked by the stated due date of the reporting year. Burden of proof of mailing is on the licensee. (2) A licensee whose Renewal Notice and Reporting Affidavit is not postmarked by stated due date shall pay a delinquent fee. (3) An individual whose license has lapsed for failure to submit a complete Renewal Notice and Reporting Affidavit and delinquent fee within 30 days after the due date must re-apply for licensure. (4) Failure to comply with any provision of OAR Chapter 858, Division 40, or misrepresentation of compliance, constitutes unprofessional conduct per ORS 675.070(2)(d) and (h) and is grounds for disciplinary action. (5) An individual whose license has been revoked for noncompliance of continuing education requirements must re-apply for licensure. (6) 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. (7) A licensee selected for the continuing education random 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 sanction: (a) Deficiency of 1 to 10 hours: $250 fine. (b) Deficiency of 11 to 20 hours: $500 fine. (c) Deficiency of 21 to 30 hours: $750 fine. (d) Deficiency of 31 to 40 hours: $1000 fine. (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.