2007 ORS 671.220¹
Civil penalties
  • injunction
  • effect of failure to be licensed
  • representation of membership in trade or professional organization

(1) Any person who violates any provision of ORS 671.010 (Definitions for ORS 671.010 to 671.220) to 671.220 (Civil penalties) or any rule promulgated thereunder shall be assessed a civil penalty of not more than $5,000 for each offense. The provisions of this section are in addition to and not in lieu of any other penalty or sanction provided by law.

(2) If the State Board of Architect Examiners decides that any person has or is about to engage in an activity that is or will be a violation of any provision of ORS 671.020 (Registration requirement) or 671.041 (Practice of architecture by corporations, limited liability companies and partnerships), 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 criminal prosecution for violation of ORS 671.010 (Definitions for ORS 671.010 to 671.220) to 671.220 (Civil penalties).

(3) No person, partnership, limited liability company or corporation practicing architecture is entitled to maintain a proceeding in any court of this state relating to services in practicing architecture unless it is alleged and proven that the person, partnership, limited liability company or corporation was licensed to practice architecture under ORS 671.010 (Definitions for ORS 671.010 to 671.220) to 671.220 (Civil penalties) at the time services were rendered.

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

(5) Nothing in ORS 671.010 (Definitions for ORS 671.010 to 671.220) to 671.220 (Civil penalties) shall be construed to prevent any person from representing the person’s membership or affiliation with any bona fide professional or trade organization unless such representation is made to advance that person’s unlicensed practice or unlawful attempt to practice the profession of architecture.

(6) Notwithstanding ORS 670.335 (Disposition of fees received by boards), civil penalties recovered under this section shall be deposited into an account established by the board as provided in ORS 182.470 (Depository accounts for moneys collected or received by semi-independent state agencies). Moneys deposited are appropriated continuously to the board and shall be used only for the administration and enforcement of ORS 182.456 (Definitions for ORS 182.456 to 182.472) to 182.472 (Reports) and 671.010 (Definitions for ORS 671.010 to 671.220) to 671.220 (Civil penalties). [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]

Notes of Decisions

California architects who were not licensed to practice in Oregon could not maintain an ac­tion in Oregon courts to recover damages for the conversion of plans and designs. Central Coast Const. v. Nels Laundry, 275 Or 573, 551 P2d 1294 (1976)

1 Legislative Counsel Committee, CHAPTER 671—Architect; Landscape Professions and Business, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­671.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 671, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­671ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.