2015 Oregon Revised Statutes
Volume : 15 - Occupations
Chapter 671 - Architects; Landscape Professions and Business
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.

(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 to 671.220 or any rule adopted under ORS 671.010 to 671.220. 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 or 671.041, 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 to 671.220.

(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 to 671.220, 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 to 671.220 at the time of providing the architectural services.

(4) Civil penalties under this section shall be imposed as provided in ORS 183.745.

(5) ORS 671.010 to 671.220 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, civil penalties recovered under this section shall be deposited into an account established by the board as provided in ORS 182.470. Moneys deposited are appropriated continuously to the board and shall be used only for the administration and enforcement of ORS 182.456 to 182.472 and 671.010 to 671.220.

[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]