I'm saying the Board's justification clearly says, irrespective of whether he said he was an engineer, just engaging in the practice of [creative work using mathematics and engineering knowledge] is subject to registration.
I mean, if he hadn't said he was an engineer to Licensed Engineers many times, I agree nobody would have bothered. But now that they've bothered, their justifications matter.
You are incorrect. See my other post with a link to the clear exceptions baked directly into the law.
If what you said were true, then he literally would not have had an affirmative defense to plead at all, which is plainly wrong as the final order specifically notes his pleading of 2 affirmative defenses.
You can find these analysis of those affirmative defenses by reviewing the sections of the final order starting at 19
Paragraph 14[0] clearly states violations as a consequence of ORS 672.007(1)(c)[1] using the definition in ORS 672.005(1)(b)[2]:
"by [critiquing an engineering formula] and submitting the critique [...] to members of the public" [...he...] thereby engaged in the practice of engineering [...] specifically, traffic engineering [...and thus] violated ORS 672.020(1), 672.045(1) and OAR 820-010-0730(3)(c)".
I agree his affirmative defenses are inadequate, but I'm not taking issue with the analysis of his defense. I simply am pointing out the justification used in Paragraph 14 is concerning. ORS672.005(1)(b) is way too broad.
But your argument only makes sense if we forget about the fact that he knowingly made a false claim to be 'an engineer' after the inappropriateness of that had been explained to him.
You could be right if that false claim hadn't happened. But it did, and everything subsequent has to be evaluated within that context. Think of the difference between global and local variables, and the sort of bugs you get if you ignore scope rules (I'm guessing you're a coder, ignore if that's not the case).
I mean, if he hadn't said he was an engineer to Licensed Engineers many times, I agree nobody would have bothered. But now that they've bothered, their justifications matter.