Published Legal Opinions

The following advice was provided to the Oregon State Board of Examiners for Engineering and Land Surveying (OSBEELS) based on specific inquiries. These opinions are limited to the facts set forth in the requests on which they were based. Some opinions may have also been obtained through cooperative efforts with other state agencies.

Note: These opinions are based on versions of the laws and rules that were in effect on the date the opinions were issued and may not be intended for current application of the law.

Date Waived: 11/13/2018
File Number: DOJ File No. 917001/GB0053-18
Title: PPC Right of Entry Produced to Landowners: Right of Entry – Surveying documents required to be provided to Landowners
Document Date: 11/13/2018
Includes File Number(s): DOJ File No. 917001/GB0053-18
Includes Title(s): PPC Right of Entry outside urban growth boundaries produce documents to landowners
Includes Doc. Date(s): 11/13/2018
Download PDF: /osbeels/Documents/WaivedAAGOpinions/20181113_Right_of_Entry_Documents_Provided_to_Landowners.pdf

Date Waived: 9/11/2018
File Number
Title: Consideration of INCE Exam
Document Date: 9/10/2018
Includes File Number(s)
Includes Title(s)
Includes Doc. Date(s)
Download PDF: https://www.oregon.gov/osbeels/Documents/WaivedAAGOpinions/20180911_INCE_Exam_Qualifying_Exam.pdf

Date Waived: 5/9/2017
File Number
Title: Permission as a subsititue for right of entry
Document Date: 1/9/2014
Includes File Number(s)
Includes Title(s): ODOT employed land surveyors & ORS 672.047
Includes Doc. Date(s): 1/20/12
Download PDF: /osbeels/Documents/WaivedAAGOpinions/20140109_Permission_as_a_Substitute_for_Right_of_Entry.pdf

Date Waived: 5/9/2017
File Number: DOJ File No. 917-001-GB0254-09
Title: Right of entry and notice
Document Date: 3/26/2009
Includes File Number(s)
Includes Title(s): NOTE: This opinion includes analysis of a statute that was subsequently modified. An update is being drafted.
Includes Doc. Date(s)
Download PDF: /osbeels/Documents/WaivedAAGOpinions/20090326_Right_of_Entry_and_Notice.pdf

Date Waived: 8/14/2015
File Number
Title: OSBEELS authority over county surveyors
Document Date: 5/11/2015
Includes File Number(s)
Includes Title(s): OSBEELS authority over county surveyors and Board authority to discipline county surveyors
Includes Doc. Date(s): 9/8/2005
Download PDF: /osbeels/Documents/WaivedAAGOpinions/20140609-AuthorityOverCountySurveyors.pdf

Date Waived: 8/14/2015
File Number: DOJ File No. 917001 GB0202-14
Title: Negligence, gross negligence, incompetence update
Document Date: 5/11/2015
Includes File Number(s): DOJ File No. 917001-GB0202-14 and 917001-GB0019-05
Includes Title(s): Negligence, gross negligence, incompetence update and Meaning of “negligence”, “gross negligence” and “incompetence” as basis for sanction
Includes Doc. Date(s): 9/8/2005
Download PDF: /osbeels/Documents/WaivedAAGOpinions/20150714_AAGadvice_Negligence_GrossNegligence_Incompetence.pdf

Date Waived: 5/16/2015
File Number: DOJ File No. 917001-GB0349-10
Title: Industrial exemptions / legislative history
Document Date: 10/11/2010
Includes File Number(s): DOJ File No. 917001-GB0349-10 and DOJ Opinion No. 7821
Includes Title(s): Industrial exemptions / legislative history and Are the services of a registered professional engi neer required for construction, reconstruction or repair of public roads?
Includes Doc. Date(s): 11/29/1979
Download PDF: /osbeels/Documents/WaivedAAGOpinions/20101011-IndustrialExemptionsLegislativeHistory.pdf

Date Waived: 5/16/2015
File Number: DOJ File No. 917001 GB0225-15
Title: Industrial exemptions and private timber companies
Document Date: 4/1/2015
Includes File Number(s): DOJ File No. 917001 GB0349-10 and No. 7821
Includes Title(s): Industrial exemptions/legislative history and Engineer required for construction, reconstruction or repair of public roads
Includes Doc. Date(s): October 8, 2010 and November 29, 1979 Opinions
Download PDF: /osbeels/Documents/WaivedAAGOpinions/20150401_AAGadvice_PrivateTimberCompanies.pdf

Date Waived: 1/14/2014
File Number: Opinion Request OP-2013-4
Title: Authorization and registration requirements of county planning commission members, officers and employees to enter upon land for certain purposes
Document Date: 11/6/2013
Includes File Number(s)
Includes Title(s)
Includes Doc. Date(s)
Download PDF: /osbeels/Documents/WaivedAAGOpinions/20131106_Opinion_Request_OP_2013-4.pdf

Published Legal Opinions

PPC Right of Entry Produced to Landowners: Right of Entry – Surveying documents required to be provided to Landowners11/13/2018

Consideration of INCE Exam9/10/2018

Permission as a subsititue for right of entry1/9/2014

Right of entry and notice​3/26/2009

OSBEELS authority over county surveyors5/11/2015

Negligence, gross negligence, incompetence update5/11/2015

Industrial exemptions / legislative history​10/11/2010

Industrial exemptions and private timber companies4/1/2015

Authorization and registration requirements of county planning commission members, officers and employees to enter upon land for certain purposes​11/6/2013