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Oregon Bulletin

February 1, 2012

 

Landscape Contractors Board
Chapter 808

Rule Caption: Requires a description of the materials to be installed on a landscape job and that changes or amendments to landscaping contracts and subcontracts to identify the scope of the change and be in writing.

Adm. Order No.: LCB 11-2011

Filed with Sec. of State: 12-29-2011

Certified to be Effective: 1-1-12

Notice Publication Date: 11-1-2011

Rules Amended: 808-002-0020

Subject: 808-002-0020 – requires a general description of materials on all landscaping contracts and subcontracts. Requires changes or amendments to landscaping contracts and subcontracts to identify the scope of the change or amendment, to be agreed to by both parties and to be in writing.

Rules Coordinator: Kim Gladwill-Rowley—(503) 967-6291, ext. 223

808-002-0020

Minimum Standards for Written Contracts and Billings

(1) Landscaping contracts and subcontracts shall include, but not be limited to, the following:

(a) Landscape contracting business name, license number, business address and telephone number;

(b) Consumer’s name and address;

(c) Address or location of work to be performed if different from the consumer’s address;

(d) General description of the work to be performed and materials to be installed;

(e) Estimated time for completion or estimated completion date;

(f) Price and payment schedule;

(g) Description of guarantee; if no guarantee such a statement shall be included;

(h) Signatures of the authorized business representative and consumer;

(i) Statement that the business is licensed by the State Landscape Contractors Board and the current address and phone number of the board.

(j) Effective January 1, 2012: If subcontractors will be used for the performance of landscaping work, the contract must include a statement notifying the consumer that there will be subcontractors used to perform landscaping work.

(2) Changes or amendments to landscaping contracts and subcontracts shall identify the scope of the change or amendment, be agreed to by both parties, and be in writing.

(3) All billings by a licensed landscape contracting business shall include the following:

(a) Name, address and telephone number of the licensed landscape contracting business;

(b) Name and address of the consumer;

(c) Total contract price and amount paid to date;

(d) The amount now due and the work performed for the amount due.

Stat. Auth.: ORS 183, 671.670 & 670.310

Stats. Implemented: ORS 671.625

Hist.: LC 3, f. & ef. 2-7-77; LC 1-1981, f. & ef. 10-8-81; LC 1-1984, f. & ef. 7-17-84; LC 2-1984, f. & ef. 10-2-84; LC 1-1985, f. & ef. 7-1-85; LC 1-1986, f. & ef. 1-3-86; LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; Renumbered from 808-020-0010 & 808-020-0020; LCB 1-1991, f. & cert. ef. 7-22-91; LSCB 2-1995, f. 8-8-95, cert. ef. 8-15-95; LCB 1-2000, f. & cert. ef. 2-1-00; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08; LCB 7-2010, f. & cert. ef. 10-25-10; LCB 8-2010(Temp), f. 10-25-10, cert. ef. 10-26-10 thru 4-24-11; LCB 1-2011(Temp), f. 1-27-11, cert. ef. 1-28-11 thru 7-27-11; LCB 6-2011, f. & cert. ef. 6-17-11; LCB 11-2011, f. 12-29-11, cert. ef. 1-1-12

 

Rule Caption: Removes full time employment for managing employee and clarifies requirements prior to planting on a structure.

Adm. Order No.: LCB 12-2011

Filed with Sec. of State: 12-29-2011

Certified to be Effective: 1-1-12

Notice Publication Date: 11-1-2011

Rules Adopted: 808-003-0126

Rules Amended: 808-002-0625, 808-003-0040

Subject: 808-002-0625 – Removes requirement that managing employee be a full time employee.

      808-003-0040 – Moves a section to 808-003-0126.

      808-003-0126 – New section to clarify requirements prior to planting on a structure.

Rules Coordinator: Kim Gladwill-Rowley—(503) 967-6291, ext. 223

808-002-0625

Managing Employee

The term “Managing Employee” is defined as any individual, including a general manager, business manager, or administrator employed by a landscape contracting business who exercises operational or managerial control over the business activities of the landscape contracting business. An individual can only be a managing employee of one landscaping business at a time.

Stat. Auth.: ORS 670.310 & 671.670

Stats. Implemented: Ch. 249 OL 2007

Hist.: LCB 5-2007, f. 12-24-07, cert. ef. 1-1-08; LCB 12-2011, f. 12-29-11, cert. ef. 1-1-12

808-003-0040

Scope of License; Sanctions for Claims Filed against Probationary License

(1) A licensed landscape contracting business may only advertise for or perform those phases of landscaping work for which its owners or employees hold a valid landscape construction professional license.

(2) The landscaping work a licensed landscape contracting business advertises for or performs shall be limited to the following:

(a) For an all phase license holder, all areas of landscaping work, plus the installation of backflow prevention assemblies unless, in lieu of Backflow Prevention, the landscape construction professional contractor has signed an agreement with the Board prior to April 30, 1996 stating that the landscape construction professional will not perform Backflow Prevention work;

(b) For an irrigation, no backflow limited license holder, irrigation functions, including the maintenance of irrigation systems with the use of compressed air;

(c) For a sod and seed limited license holder, grass seed planting or sod laying;

(d) For a tree limited license holder, install new or transplant trees;

(e) For a standard limited license holder, all areas of landscaping work except irrigation functions and the installation of backflow assemblies;

(f) For an irrigation plus backflow license holder, irrigation functions, including the maintenance of irrigation systems with the use of compressed air and the installation of backflow assemblies.

(g) For a probationary All Phase Plus Backflow license holder, all areas of landscaping work, provided all landscaping work on any given landscape job as defined in OAR 808-002-0495 must not exceed a total contract amount of $15,000,

(3) A landscape contracting business may bid on a job or enter into a contract that includes the phase of landscaping work for which it is not licensed if that landscape contracting business:

(a) Upgrades the landscape contracting business license by employing a landscape construction professional licensed for that phase of landscaping work and notifies the board of this change in license prior to performing this landscaping work, or

(b) Subcontracts the landscaping work that is outside the phase of the license to another licensed landscape contracting business licensed for that phase of landscaping work and provides the consumer with the subcontractors name, license number and a description of the work to be subcontracted as required in OAR 808-002-0020(1)(k).

(4) If a landscape contracting business holds a probationary license and two or more claims are filed against the landscape contracting business within a 12 month period the owner or employee who holds the probationary landscape construction professional license and is providing supervision as described in ORS 671.540(15) and (16) or 671.565(1)(b) may be required to take specific continuing education hours (CEH) or approved courses as required by the board that are related to the claim issues. Failure to complete the required CEH or courses within the specified time frame may result, in addition to any civil penalties, revocation, refusal to renew or suspension of the probationary license of the landscape construction professional.

Stat. Auth.: ORS 670.310 & 671.670

Stats. Implemented: ORS 447.060 & 671.560

Hist.: LC 1-1984, f. & ef. 7-17-84; LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; Renumbered from 808-010-0021; LCB 2-1990, f. 7-27-90, cert. ef. 8-1-90; LCB 2-1992, f. 7-14-92, cert. ef. 7-15-92; LCB 2-1993, f. & cert. ef. 2-1-93; LSCB 2-1994, f. 11-8-94, cert. ef. 11-15-94; LSCB 2-1997, f. & cert. ef. 11-3-97; LCB 1-2001, f. 12-4-01, cert. ef. 1-1-02; LCB 1-2003, f. 1-31-03, cert. ef. 2-1-03; LCB 7-2003(Temp), f. 11-28-03, cert. ef. 12-1-03 thru 5-29-04; LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04; LCB 6-2005, f. 12-30-05, cert. ef. 1-1-06; LCCB 3-2007, f. & cert. ef. 8-1-07; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08; LCB 9-2007, f. 12-24-07, cert. ef. 1-1-08; LCB 3-2008, f. & cert. ef. 4-11-08; LCB 10-2008, f. & cert. ef. 11-6-08; LCB 13-2009, f. 12-23-09, cert. ef. 1-1-10; LCB 7-2010, f. & cert. ef. 10-25-10; LCB 12-2011, f. 12-29-11, cert. ef. 1-1-12

808-003-0126

Permits and Other Requirements for Work Performed by a Landscape Contracting Business

(1) Prior to the performance of work a landscape contracting business must obtain a permit, if required. This includes but is not limited to the installation of:

(a) a backflow assembly for irrigation systems or water features;

(b) a retaining wall, driveway, deck, fence, walkway, arbor, landscape edging or patio;

(c) low voltage wiring for irrigation systems or landscape lighting;

(d) plantings on structures; and

(e) drainage systems for landscaping work.

(2) Prior to the performance of landscaping work on a structure the landscape contracting business must confirm that the structure has been properly engineered and municipal approval has been obtained in writing or by issuance of a municipal permit for construction.

(3)(a) Tapping into the potable water supply and installation of irrigation or ornamental water feature backflow assemblies shall be done by a licensed landscape construction professional who holds a backflow license and who is either an employee or owner of a landscape contracting business. The landscape construction professional or landscape contracting business shall obtain all required permits prior to the installation of the backflow assembly and the landscape construction professional shall install the backflow assembly in conformance with the applicable code requirements.

(b) If a landscape construction professional or landscape contracting business fails to obtain permits to tap into the potable water system for the installation of backflow assemblies for irrigation or ornamental water feature or fails to comply with applicable code requirements, the Board, in addition to any other remedy, may suspend, condition or revoke the landscape construction professional and/or landscape contracting business license.

Stat. Auth.: ORS 670.310 & 671.670

Stats. Implemented: ORS 671.310 & 671.595

Hist.: LCB 12-2011, f. 12-29-11, cert. ef. 1-1-12

 

Rule Caption: Nonexempt business with employees must submit proof of workers’ compensation, exempt business using a leasing company must verify leasing agency has workers’ compensation coverage.

Adm. Order No.: LCB 13-2011

Filed with Sec. of State: 12-29-2011

Certified to be Effective: 1-1-12

Notice Publication Date: 11-1-2011

Rules Adopted: 808-002-0390, 808-003-0620

Rules Amended: 808-003-0015, 808-003-0090, 808-005-0020

Subject: 808-002-0390 – Adds new rule to define Family Members

      808-003-0015 – Requires certificates of insurance verifying workers’ compensation insurance coverage for all employees if the applicant qualifies as nonexempt

      808-003-0090 – Clarifies exempt and nonexempt classifications and what is required for documentation for each classification. Also requires an exempt business to notify the agency in writing within 30 days, register as “nonexempt” and submit documentation when that business hires employees or no longer qualifies for the exempt status.

      808-003-0620 – Clarifies what documentation is required for nonexempt applicant, that workers’ compensation must be continuously in effect and a new certificate must be on file prior to the expiration date of the previous certificate. Clarifies when an exempt business enters into a contract with a leasing company for workers that documentation shall be provided to the agency within 10 days of entering into that contract, during a investigator or site check or at any other time the agency requests it to verify the maintenance of workers’ compensation coverage for all employees.

      808-005-0020 – Sets civil penalty amounts and suspensions for failure to verify workers’ compensation coverage, hiring employees while licensed as exempt and conduct that is dishonest or fraudulent or that the board finds injurious to the welfare of the public; updates reference.

Rules Coordinator: Kim Gladwill-Rowley—(503) 967-6291, ext. 223

808-002-0390

Family Members

“Family members” means members of the same family and are related as parents, spouses, sisters, brothers, daughters, sons, daughters-in-law, sons-in-law, or grandchildren.

Stat. Auth.: ORS 670.310 & 671.670

Stats. Implemented: ORS 671.525, 671.560, 671.565 & Chapter 283 (2011 Laws)

Hist.: LCB 13-2011, f. 12-29-11, cert. ef. 1-1-12

808-003-0015

Application for Landscape Contracting Business and Landscape Construction Professional License

(1) Application for a landscape contracting business license shall be on forms provided by the agency. Information provided on the form must include, but not be limited to:

(a) Name of business entity, all additional assumed business names under which the landscaping work is conducted and Corporation Division registry numbers (if applicable). The business entity name and all assumed business names listed must be the same as what appears on record with the Corporation Division, if applicable;

(b) Mailing and physical address of the business entity;

(c) Name of all owners and percent of ownership of each owner;

(d) Name and license number of all licensed landscape construction professionals employed by the business as required under ORS 671.565 along with a signed and notarized verification of employment form provided by the agency. A business may meet the requirements of ORS 671.565, not withstanding the conditions of 657.044, if the licensed landscape construction professional is a sole proprietor, a member of an LLC, a general partner in a partnership, or a stockholder of a Sub Chapter S-Corp and is actively involved in the landscape contracting business’ operations and is receiving remuneration, whether by salary or other payment, for services provided;

(e) Name and address of owner or managing employee;

(f) Independent contractor certification statement;

(g) A signed statement by the owner of the business, on which the landscape contracting business estimates the total maximum job charges for a single landscape job during the term of the license for the purpose of determining the correct bonding amount for that specific term of the license;

(h) Social security number of the owner of a sole proprietorship or partners in a general partnership (where the partners are human beings);

(i) Complete questions to Licensing and Litigation History and Criminal Background sections;

(j) State Tax Identification number, if applicable;

(k) Federal Employer ID Number (EIN), if applicable;

(l) Workers Compensation Information, if nonexempt; and

(m) Signature of owner, partner, joint venturer, corporate officer, member or trustee, signifying that the information provided in the application is true and correct.

(2) Application for a landscape contracting business license must be accompanied by:

(a) A non-refundable application fee;

(b) A required license fee;

(b) A properly executed surety bond, irrevocable letter of credit or deposit as required under ORS 671.690;

(c) A Certificate of Liability Insurance as required under ORS 671.565 for an amount not less than $100,000 listing the Landscape Contractors Board as the certificate holder;

(d) A Certificate of Completion of Owner/Managing Employee course from an approved course provider and proof of passing the Laws, Rules & Business Practice examination;

(e) Documentation of any unpaid court judgment, arbitration award or administrative agency final order entered or issued in any state that requires the applicant to pay damages arising out of the performance of, or a contract for, landscaping work issued on or after January 1, 2008, along with the status of any appeal or exceptions. For purposes of this rule and ORS 671.563, “applicant” has the same meaning as owner as defined in OAR 808-002-0734.

(f) Copies of the original and amended articles of incorporation for corporations, organizational filings for limited liability companies, and partnership agreements for partnerships;

(g) A completed, signed and notarized Verification form (provided by the board) for every licensed landscape construction professional who is supervising work for the landscape contracting business as required in OAR 808-003-0018; and

(h) Certificate of Insurance verifying workers’ compensation insurance coverage for all employees, if the applicant qualifies as nonexempt.

(3) Application for a landscape construction professional license shall be on forms provided by the agency and shall be accompanied by:

(a) A non-refundable application fee;

(b) Verification of experience and/or transcripts or copies of completion certificates from courses of study;

(c) If applicable, name of employing licensed landscape contracting business or businesses;

(d) Documentation of any unpaid court judgment, arbitration award or administrative agency final order entered or issued in any state that requires the applicant to pay damages arising out of the performance of, or a contract for, landscaping work issued on or after January 1, 2008, along with the status of any appeal or exceptions. For purposes of this rule and ORS 671.563, “applicant” means the person applying for the individual landscape construction professional license;

(e) Complete questions to Licensing and Litigation History and Criminal Background sections;

(f) Social security number of the applicant;

(g) Mailing and physical address of the applicant; and

(h) Signature of applicant.

(4) Application for a probationary landscape construction professional license shall be on forms provided by the agency and shall be accompanied by:

(a) A non-refundable application fee,

(b) If applicable the name of the employing licensed landscape contracting business or businesses.

(c) Documentation of any unpaid court judgment, arbitration award or administrative agency final order entered or issued in any state that requires the applicant to pay damages arising out of the performance of, or a contract for, landscaping work issued on or after January 1, 2008, along with the status of any appeal or exceptions. For purposes of this rule and ORS 671.563, “applicant” means the person applying for the individual probationary landscape construction professional license;

(d) Complete questions to Licensing and Litigation History and Criminal Background sections;

(e) Social security number of the applicant;

(f) Mailing and physical address of the applicant; and

(g) Signature of applicant.

(5) If an applicant as defined in subsections (1), (3) and (4) of this rule has any unpaid damages as stated in subsections (1), (3) and (4) of this rule and there are no appeals or exceptions filed, the applicant must show current payments are being made. If payments are not being made, the Landscape Contractors Board may refuse to issue the license.

Stat. Auth.: ORS 183 & 671

Stats. Implemented: ORS 671.560, 671.563 & 671.565

Hist.: LC 3, f. & ef. 2-7-77; LC 3-1980, f. & ef. 2-5-80; LC 1-1984, f. & ef. 7-17-84; LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; Renumbered from 808-010-0015; LSCB 2-1997, f. & cert. ef. 11-3-97; LCB 3-1999, f. & cert. ef. 11-17-99; LCB 1-2003, f. 1-31-03, cert. ef. 2-1-03; LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04; LCB 4-2005, f. & cert. ef. 10-5-05; LCB 6-2005, f. 12-30-05, cert. ef. 1-1-06; LCCB 3-2007, f. & cert. ef. 8-1-07; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08; LCB 9-2007, f. 12-24-07, cert. ef. 1-1-08; LCB 3-2008, f. & cert. ef. 4-11-08; LCB 10-2008, f. & cert. ef. 11-6-08; LCB 10-2011, f. 7-26-11, cert. ef. 8-1-11; LCB 13-2011, f. 12-29-11, cert. ef. 1-1-12

808-003-0090

Employer Status

Landscape contracting businesses shall be licensed as either nonexempt (employer with employees) or exempt (no employees) as provided in ORS 671.525.

(1) The nonexempt class is composed of the following entities:

(a) Sole proprietorships with one or more employees;

(b) Partnerships or limited liability partnerships with one or more employees;

(c) Partnerships or limited liability partnerships with more than two partners if any of the partners are not family members as defined in OAR 808-002-0390;

(d) Joint ventures with one or more employees;

(e) Joint ventures with more than two joint venturers if any of the joint venturers are not family members as defined in OAR 808-002-0390;

(f) Limited partnerships with one or more employees;

(g) Limited partnerships with more than two general partners if any of the general partners are not family members as defined in OAR 808-002-0390;

(h) Corporations with one or more employees;

(i) Corporations with more than two corporate officers if any of the corporate officers are not family members;

(j) Trusts with one or more employees;

(k) Trusts with more than two trustees if any of the trustees are not family members as defined in OAR 808-002-0390;

(l) Limited liability companies with one or more employees; or

(m) Limited liability companies with more than two members if any of the members are not family members as defined in OAR 808-002-0390.

(2) The exempt class is composed of sole proprietors, partnerships, joint ventures, limited liability partnerships, limited partnerships, corporations, trusts, and limited liability companies that do not qualify as nonexempt.

(3) An exempt landscape contracting business may work with the assistance of individuals who are employees of a nonexempt landscape contracting business so long as the nonexempt landscape contracting business:

(a) Is in compliance with ORS Chapters 316, 656, and 657 and is providing the employee(s) with workers’ compensation insurance; and

(b) Does the payroll and pays all its employees, including those employees who assist an exempt landscape contracting business.

(4) Non-exempt entities shall supply the following employer account numbers:

(a) Workers’ Compensation Division 7-digit compliance number or workers’ compensation insurance carrier name and policy or binder number;

(b) Oregon Employment Department and Oregon Department of Revenue combined business identification number; and

(c) Internal Revenue Service employer identification number or federal identification number.

(5) Exempt entities need supply no employer account numbers except as stated below.

(6) Corporations and limited liability companies qualifying as exempt as provided by ORS 656.027(10) shall supply Employment Division and Department of Revenue account numbers unless the corporation or limited liability company certifies that corporate officers or members receive no compensation (salary or profit) from the corporation or limited liability company. Exempt corporations shall supply IRS account numbers.

(7) Out-of-state businesses with no Oregon employees shall supply their home state account numbers, and workers’ compensation account.

(8) An exempt landscape contracting business must notify the agency in writing within 30 days, register with the Board as “nonexempt” and submit documentation as required in OAR 808-003-0620 when that business hires employees or otherwise no longer qualifies for the exempt status.

Stat. Auth.: ORS 670.310 & 671.670

Stats. Implemented: ORS 671.525, 671.560, 671.565 & 2011 OL Ch. 283

Hist.: LCB 2-1991(Temp), f. 9-27-91, cert. ef. 9-29-91; LCB 1-1992, f. 1-27-92, cert. ef. 2-1-92; LSCB 2-1995, f. 8-8-95, cert. ef. 8-15-95; LSCB 2-1997, f. & cert. ef. 11-3-97; LCB 5-2003, f. & cert. ef. 8-1-03; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08; LCB 13-2011, f. 12-29-11, cert. ef. 1-1-12

808-003-0620

Workers’ Compensation Insurance

(1) A nonexempt applicant for the landscape contracting business license or renewal shall submit a “Certificate of Insurance” (certificate) from an insurance company authorized to do business in Oregon, as required by ORS 671.565 and will continue to meet those insurance requirements for as long as the applicant is licensed. The certificate shall include the name of the insurance company, policy number, and coverage amount.

(2) The name of the entity as it appears on the certificate must be the same as the name on the landscape contracting business license application or license of record with the agency and the same entity name filed at the Oregon Corporation Division (if applicable).

(3) A landscape contracting business must continuously have in effect workers’ compensation insurance during the licensing period to maintain an active license if the landscape contracting business has employees.

(4) A new certificate must be on file with the agency prior to the expiration date on the previous certificate. If the policy expires and a new certificate is not received on or before 5 pm on the day of policy expiration and the landscape contracting business has not changed the employer status designation to exempt, the agency may suspend the landscape contracting business license.

(5) Upon cancellation of the workers’ compensation insurance required under ORS 671.565 the agency may immediately suspend the landscape contracting business license as provided for in 671.610(2)(c).

(6) If a landscape contracting business is licensed as a sole proprietorship, partnership, limited liability partnership, limited partnership, joint venture, corporation, limited liability company, business trust or any other entity and seeks to change the licensed entity to one of the other entity types and a new license is required, the application must be accompanied by a new certificate.

(7) A landscape contracting business that is licensed as exempt and has entered into a contract with a worker leasing company or temporary service provider for the supplying of workers shall provide documentation to the agency within 10 days of entering into the contract that the landscape contracting business has verified the maintenance of the workers’ compensation insurance coverage for all employees supplied by the leasing company or temporary service provider for the use of the landscape contracting business. Such verification must also be provided during an investigation or site check or at any other time the agency requests it.

Stat. Auth.: ORS 670.310 & 671.670

Stats. Implemented: ORS 671.565, 671.610 & 2011 OL Ch. 283

Hist.: LCB 13-2011, f. 12-29-11, cert. ef. 1-1-12

808-005-0020

Schedule of Civil Penalties

Sections 1–4, 25 & 26 may be adjusted per the terms of a settlement agreement for the first offense:

(1) Operating as a landscape contracting business in violation of ORS 671.530(1) or (3):

(a) If the value of the work is $500 or less; $500; and

(b) If the value of the work is more than $500; $1,000

(2) Operating as a landscape contracting business in violation of ORS 671.530(1) or (3), when a claim has been filed for damages arising out of that work, $2,000.

(3) Operating as a landscape construction professional in violation of ORS 671.530(1), $1,000.

(4) Advertising in violation of ORS 671.530(2), (4), or (5):

(a) $500 for the first offense; and

(b) $1,000 for subsequent offenses occurring after action taken on first offense.

(5) Advertising for landscaping work outside the scope of the landscape contracting business license in violation of OAR 808-003-0040:

(a) $500 for the first offense; and

(b) $1,000 for subsequent offenses occurring after action taken on first offense.

(6) Operating as a landscape contracting business in violation of ORS 671.530(1) or (3) when one or more previous violations have occurred after action taken on first offense, $2,000.

(7) Operating as a landscaping contracting business without having at least one owner or employee who is a licensed landscape construction professional licensed within the phase of work performed, in violation of OAR 808-003-0040 and 808-003-0045:

(a) $500 for the first offense; and

(b) $1,000 for subsequent offenses occurring after action taken on first offense.

(8) Performing landscaping work while not subject to a written contract or failing to comply with minimum contract standards, in violation of ORS 671.625(2) and OAR 808-002-0020:

(a) $200 for the first offense; and

(b) $500 for subsequent offenses occurring after action taken on first offense.

(9) Failure to include the license number in all written advertising, in violation of OAR 808-003-0010:

(a) $200 for the first offense; and

(b) $500 for subsequent offenses occurring after action taken on first offense.

(10) Performing work outside the scope of the landscape contracting business license in violation of OAR 808-003-0040:

(a) $500 for the first offense; and

(b) $1,000 for subsequent offenses occurring after action taken on first offense.

(11) Installation of an irrigation backflow assembly or tapping into the potable water supply in violation of a written agreement with the Board as provided in OAR 808-003-0040, $1,000 and suspension of the license until Backflow Prevention license is obtained.

(12) Failure to maintain the insurance or workers compensation insurance coverage required by ORS 671.565 or bond or other board accepted surety as required by 671.690 in effect continuously throughout the license period:

(a) $200 for the first offense; and

(b) $500 for subsequent offenses occurring after action taken on first offense.

(13) Failure to submit documentation of workers’ compensation insurance coverage or failing to register with the agency as non-exempt upon hiring one or more employees:

(a) $200 for the first offense; and

(b) $500 for subsequent offenses occurring after action taken on first offense.

(14) Failure to conform to information provided on the application in violation of ORS 671.510 to 671.710:

(a) $500 for the first offense and suspension of the license until the licensee provides the agency with proof of compliance with the statutes and rules; and

(b) $1,000 for subsequent offenses occurring after action taken on first offense and suspension of the license until the licensee provides the agency with proof of compliance with the statutes and rules.

(15) Failure to comply with any part of ORS Chapters 316, 656, 657, and 671, as authorized by 671.510 to 671.710 or rules promulgated by the agency:

(a) $500 for the first offense and suspension of the license until the licensee provides the agency with proof of conformance with the statutes and rules; and

(b) $1,000 for subsequent offenses occurring after action taken on first offense and suspension of the license until the licensee provides the agency with proof of conformance with the statutes and rules.

(16) Conduct that is dishonest or fraudulent or that the board finds injurious to the welfare of the public as a landscape construction professional or landscape contracting business:

(a) $500 for the first offense and suspension of the license; and

(b) $ 1,000 for subsequent offenses occurring after action taken on first offense and suspension of the license. The agency may also revoke the license.

(17) Failure to verify workers’ compensation coverage for temporary or leased workers as required in OAR 808-003-0620:

(a) $200 for the first offense and suspension of the license until the licensee provides the agency with proof of conformance with the statutes and rules; and

(b) $ 500 for subsequent offenses occurring after action taken on first offense and suspension of the license until the licensee provides the agency with proof of conformance with the statutes and rules. For purposes of subsection 17(a) only, if the documentation of verification of workers’ compensation coverage is received by the agency on or before the 21st day after the date of the contested case notice and the verification shows coverage of all employees from the employees’ hire date, the contested case will be withdrawn without prejudice.

(18) Hiring employees while licensed as an exempt landscape contracting business:

(a) $200 for the first offense if the licensee obtained workers’ compensation coverage prior to the employee hire date;

(b) $500 for the first offense and suspension of the license until the licensee provides the agency with proof of conformance with the statutes and rules if the licensee did not obtain workers’ compensation coverage prior to the employee hire date;

(c) $500 for subsequent offenses occurring after action taken on first offense if the licensee obtained workers’ compensation coverage prior to the employee hire date; and

(d) $ 1,000 for subsequent offenses occurring after action taken on first offense and suspension of the license until the licensee provides the agency with proof of conformance with the statutes and rules if the licensee did not obtain workers’ compensation coverage prior to the employee hire date.

(19) Violating an order to stop work as authorized by ORS 671.510 to 671.710, $1,000 per day.

(20) Failure to obtain a permit to tap into a potable water supply prior to the installation of an irrigation backflow assembly or failure to comply with applicable plumbing code requirements as required by OAR 808-003-0126(3)(a):

(a) $200 for the first offense; and

(b) $500 for subsequent offenses occurring after action taken on first offense.

(21) Failure to obtain the appropriate building code permit(s):

(a) $200 for the first offense; and

(b) $500 for subsequent offenses occurring after action taken on first offense.

(22) When as set forth in ORS 671.610(5), the number of licensed landscape contracting businesses working together on the same task on the same job site, where one of the businesses is licensed exempt under 671.525(2)(b), exceeded two sole proprietors, one partnership, one corporation, or one limited liability company, penalties shall be imposed on each of the persons to whom the contract is awarded and each of the persons who award the contract, as follows:

(a) $1,000 for the first offense;

(b) $2,000 for the second offense;

(c) Six month suspension of the license for the third offense; and

(d) Three-year revocation of license for a fourth offense.

(23) Failure of a landscape contracting business to notify the board of a change in the landscaping business’ phase of license as required by OAR 808-003-0125:

(a) $200 for the first offense; and

(b) $500 for subsequent offenses occurring after action taken on first offense.

(24) Failure by the landscape construction professional to comply with the supervisory responsibilities as required by OAR 808-003-0018;

(a) $200 for the first offense;

(b) $500 for the second offense occurring after action taken on first offense; and

(c) $1,000 and six month suspension of the license for the third offense.

(25) Failure of the landscape construction professional to notify the Landscape Contractors Board of a change of address or employment in writing or on line at the LCB website as required by ORS 671.603 and OAR 808-003-0125:

(a) $200 for the first offense; and

(b) $500 for subsequent offenses occurring after action taken on first offense.

(26) Failure of a landscape contracting business to notify the board of a change in address in writing or on line at the LCB website as required by ORS 671.603:

(a) $200 for the first offense; and

(b) $500 for subsequent offenses occurring after action taken on first offense.

(27) Failure of a landscape contracting business to require the landscape construction professional to directly supervise unlicensed employees of the landscaping business performing landscaping work that is related to the landscape construction professional phase of license:

(a) $200 for the first offense; and

(b) $500 for subsequent offenses occurring after action taken on first offense.

(28) Failure of a landscape contracting business to obtain the correct amount of surety bond or irrevocable letter of credit, as required by ORS 671.690(1):

(a) $500 for the first offense and immediate suspension per ORS 671.610(2) until the proper bond is received in the State Landscape Contractors Board office;

(b) $1,000 for the second offense occurring after action taken on the first offense and immediate suspension per ORS 671.610(2) until the proper bond is received in the State Landscape Contractors Board office.

(29) Failure to notify the LCB of a new business name (including any new assumed business name) or, in the case of a sole proprietor, any personal surname under which the business is conducted, in violation of OAR 808-003-0020:

(a) $200 for first offense; and

(b) $500 for subsequent offenses occurring after action taken on first offense.

(30) Failure to respond to the continuing education audit as required under OAR 808-040-0060(3):

(a) For the first offense:

(A) $200; and

(B) Suspension of the license until the CEH documentation is received by the agency. For purposes of subsection 26(a) only, if the CEH documentation as required by OAR 808-040-0060(3) is received by the agency on or before the 21st day after the date of the contested case notice, the contested case will be withdrawn without prejudice.

(b) For subsequent offenses occurring after action taken on the first offense:

(A) $500; and

(B) Suspension of the license until the CEH documentation is received by the agency.

(31) Failure to submit complete documentation as required under OAR 808-040-0060(3), (4), (5) or (6):

(a) For the first offense:

(A) $200; and

(B) Suspension of the license until the CEH documentation is received by the agency. For purposes of subsection 27(a) only, if the CEH documentation as required by OAR 808-040-0060(3), (4), (5) or (6) is received by the agency on or before the 21st day after the date of the contested case notice, the contested case will be withdrawn without prejudice.

(b) For subsequent offenses occurring after action taken on the first offense:

(A) $500; and

(B) Suspension of the license until the CEH documentation is received by the agency.

(32) Failure to complete the continuing education hours by the deadline as required under OAR 808-040-0020(1):

(a) For the first offense, $200; and

(b) For subsequent offenses occurring after action taken on the first offense, $500.

Stat. Auth.: ORS 183.310 - 183.500, 670.310 & 671.670

Stats. Implemented: ORS 671.997

Hist.: LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; LCB 2-1990, f. 7-27-90, cert. ef. 8-1-90; LCB 2-1991(Temp), f. 9-27-91, cert. ef. 9-29-91; LCB 1-1992, f. 1-27-92, cert. ef. 2-1-92; LCB 2-1992, f. 7-14-92, cert. ef. 7-15-92; LSCB 2-1994, f. 11-8-94, cert. ef. 11-15-94; LSCB 2-1995, f. 8-8-95, cert. ef. 8-15-95; LSCB 2-1997, f. & cert. ef. 11-3-97; LCB 4-2002, f. & cert. ef. 12-4-02; LCB 4-2003, f. 5-27-03, cert. ef. 6-1-03; LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04; LCB 2-2005, f. & cert. ef. 4-5-05; LCB 6-2005, f. 12-30-05, cert. ef. 1-1-06; LCCB 3-2007, f. & cert. ef. 8-1-07; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08; LCB 7-2007, f. 12-24-07, cert. ef. 1-1-08; LCB 3-2008, f. & cert. ef. 4-11-08; LCB 10-2008, f. & cert. ef. 11-6-08; LCB 1-2010, f. & cert. ef. 1-27-10; LCB 3-2010, f. & cert. ef. 6-1-10; LCB 7-2010, f. & cert. ef. 10-25-10; LCB 10-2011, f. 7-26-11, cert. ef. 8-1-11; LCB 13-2011, f. 12-29-11, cert. ef. 1-1-12

 

Rule Caption: Amends qualifications for testing and licensing as a landscape construction professional.

Adm. Order No.: LCB 14-2011

Filed with Sec. of State: 12-29-2011

Certified to be Effective: 1-1-12

Notice Publication Date: 11-1-2011

Rules Amended: 808-003-0025

Subject: 808-003-0025 – Amends alternative experience for licensing as a landscape construction professional. Allows two years of related landscaping experience, six months of related landscape experience to substitute for cooperative work experience, a current membership as a Certified Professional member of APLD or any other landscaping related certified membership on an individual basis to be determined by the Board. It also eliminates the requirement to hold an active license under ORS 701 and only requires a current certification with the International Society of Arboriculture as a Certified Arborist.

Rules Coordinator: Kim Gladwill-Rowley—(503) 967-6291, ext. 223

808-003-0025

Alternative Experience

An applicant will be deemed to have qualifying experience under ORS 671.570(2) if the applicant:

(1) Submits documentation to verify two years of related landscaping experience; or

(2) Successfully completes the Landscape Industry Certification program administered by the Oregon Landscape Contractors Association (OLCA) or another entity licensed to the Professional Landcare Network; or

(3) Obtains an Associate, Bachelors or Masters Degree in horticulture or other related fields from an accredited school or college, which includes the completion of a cooperative work experience requirement in landscaping. If no cooperative work experience, six months of related landscape experience may substitute; or

(4) Obtains a Certificate in horticulture or other related fields from an accredited school or college that requires a minimum of 72 credit hours, which includes the completion of a cooperative work experience requirement in landscaping. If no cooperative work experience, six months of related landscape experience may substitute; or

(5) Holds a current certification with the International Society of Arboriculture (ISA) as a Certified Arborist; or

(6) Holds a current membership as a Certified Professional Member of APLD; or

(7) Complete an Oregon Drinking Water Program approved Backflow Assembly Tester five (5) day course or holds a current Oregon Backflow Assembly Tester certification; or

(8) Any other landscaping related certified membership on an individual basis to be determined by the Board.

Stat. Auth.: ORS 183.310 - 183.500, 670.310 & 671.670

Stats. Implemented: ORS 671.570

Hist.: LC 1-1985, f. & ef. 7-1-85; LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; Renumbered from 808-010-0016; LSCB 2-1994, f. 11-8-94, cert. ef. 11-15-94; LCB 2-1998, f. & cert. ef. 4-30-98; LCB 4-2002, f. & cert. ef. 12-4-02; LCB 4-2003, f. 5-27-03, cert. ef. 6-1-03; LCB 2-2005, f. & cert. ef. 4-5-05; LCB 14-2011, f. 12-29-11, cert. ef. 1-1-12

 

Rule Caption: Clarifies a probationary applicant may apply a subsequent time as a probationary applicant; passing scores from first application are expired.

Adm. Order No.: LCB 15-2011

Filed with Sec. of State: 12-29-2011

Certified to be Effective: 1-1-12

Notice Publication Date: 11-1-2011

Rules Amended: 808-003-0030, 808-003-0065

Subject: 808-003-0030 – Clarifies a probationary application may submit another application for a probation license after the previous application has expired or may submit an application for a regular license at any time prior to be issued a probationary license along with the required documentation to show compliance with the qualifications. Also clarifies a probationary application expires two years after the application is received or one year after first sitting for any section of the exam, whichever is first

      808-003-0065 – Clarifies a passing scores for a probationary applicant will expire upon expiration of the application

Rules Coordinator: Kim Gladwill-Rowley—(503) 967-6291, ext. 223

808-003-0030

Expiration of Application; Change of Application

Applicants who fail to complete the license process within the following time periods must submit a new application and fee and, if applicable, retake and pass the exam.

(1) A landscape contracting business license application will expire one year from the date the application was received by the agency.

(2) Except as provided in subsection (3), an individual landscape construction professional license application will expire two years after the last examination sitting or two years after the application was received by the agency, whichever is later. Exam results are subject to OAR 808-003-0065(3).

(3) An individual landscape construction professional application for a Probationary All Phase Plus Backflow license will expire two years after the application is received by the agency or, one year after the first sitting for any section of the exam, whichever is first. Exam results are subject to OAR 808-003-0065(4).

(4) An applicant for a Probationary All Phase Plus Backflow license may submit another application for a Probationary All Phase Plus Backflow license after the previous application has expired. Exam results are subject to OAR 808-003-0065(4).

(5) An applicant that applied for a Probationary All Phase Plus Backflow license may submit an application for a regular landscape construction professional license at any time prior to being issued a probationary license along with the required documentation pursuant to ORS 671.570 or OAR 808-003-0025. If a Probationary All Phase Plus Backflow license is issued the licensee must comply with 808-003-0045(5) to obtain removal from probationary status. Exam results are subject to 808-003-0065(3).

Stat. Auth.: ORS 670.310 & 671.670

Stats. Implemented: ORS 671.670

Hist.: LC 1-1980, f. & ef. 2-5-80; LC 1-1984, f. & ef. 7-17-84; LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; Renumbered from 808-010-0017; LSCB 2-1995, f. 8-8-95, cert. ef. 8-15-95; LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08; LCB 2-2008, f. & cert. ef. 6-2-08; LCB 15-2011, f. 12-29-11, cert. ef. 1-1-12

808-003-0065

Scoring

(1) Each exam section shall be scored separately.

(2) Based on l00 percent, the passing score shall be 75 percent or higher for each section.

(3) Except as provided in subsection (4), a passing score shall be valid for one year from the date the exam section was taken. An applicant who fails to pass all the sections required for a particular license within one year of passing a section shall retake that section.

(4) A passing score for an applicant for a Probationary All Phase Plus Backflow license will expire upon expiration of the application.

Stat. Auth.: ORS 183.325 - 183.500, 670.310 & 671.670

Stats. Implemented: ORS 671.570

Hist.: LC 1-1984, f. & ef. 7-17-84; LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; Renumbered from 808-010-0026; LSCB 2-1994, f. 11-8-94, cert. ef. 11-15-94; LCB 3-1998(Temp), f. & cert. ef. 11-16-98 thru 5-15-99; LCB 1-1999, f. & cert. ef. 2-11-99; LCB 1-2003, f. 1-31-03, cert. ef. 2-1-03; LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04; LCB 15-2011, f. 12-29-11, cert. ef. 1-1-12

 

Rule Caption: Adds fee to convert license status at a time other than at renewal for $50; increases fee to reinstate a suspended license to $50.

Adm. Order No.: LCB 16-2011

Filed with Sec. of State: 12-29-2011

Certified to be Effective: 1-1-12

Notice Publication Date: 8-1-2011

Rules Amended: 808-003-0130

Subject: Adds fee to convert license status at a time other than at renewal for $50; increases fee to reinstate a suspended license to $50.

Rules Coordinator: Kim Gladwill-Rowley—(503) 967-6291, ext. 223

808-003-0130

Fees

(1) Initial license or renewal of active license

(a) Landscape contracting business, $260.

(b) Landscape construction professional, $95.

(2) Renewal of inactive license

(a) Landscape contracting business, $260.

(b) Landscape construction professional, $95.

(3) Late penalty fee:

(a) Landscape contracting business, $35.

(b) Landscape construction professional, $35

(4) Landscape Construction Professional License Application fee: $100.

(5) Landscape Contracting Business License Application fee: $150.

(6) Probationary Landscape Construction Professional License Application: $75

(7) Owner or Managing Employee Application fee: $60.

(8) Request from license holder for a replacement license card: $20

(9) Reinstatement of suspended license: $50. The reinstatement date will be the date the agency updates the record.

(10) To convert a license from an inactive status to an active status or from an active status to an inactive status at a time other than at renewal: $50. The status change date will be the date the agency updates the record.

(11) If a landscape construction professional license expires, the amount to be paid for reinstatement to active or inactive status equals the required fee for each year of lapse (up to two years) plus a late penalty fee for each year. The reinstatement date will be the date the agency updates the record.

(12) If a Landscape contracting business license expires, the amount to be paid for reinstatement to active or inactive status equals the required fee for each year of expiration (up to two years) plus a late penalty fee for each year. The reinstatement date will be the date the agency updates the record.

(13) Payments received after board deadlines, including, but not limited to payments for renewals, applications and civil penalties will be considered late and penalties shall be assessed.

(14) The board may waive the late fee if:

(a) The properly completed renewal form and correct fee are received by the agency prior to the expiration date and all other renewal requirements are met within one month after the expiration date; or

(b) The licensee’s failure to meet the renewal date was caused entirely or in part by a board error or omission.

Stat. Auth.: ORS 670.310 & 671.670

Stats. Implemented: ORS 671.595, 671.650 & 671.660

Hist.: LC 3, f. & ef. 2-7-77; LC 1-1981, f. & ef. 10-8-81; LC 1-1983(Temp), f. 10-14-83, ef. 10-15-83; LC 1-1984, f. & ef. 7-17-84; LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; Renumbered from 808-010-0035; LCB 3-1988(Temp), f. 4-11-88, cert. ef. 5-1-88; LCB 4-1988, f. 11-23-88, cert. ef. 12-1-88; LCB 1-1989(Temp), f. 5-16-89, cert. ef. 7-1-89; LCB 2-1989, f. & cert. ef. 7-24-89; LSCB 1-1995, f. & cert. ef. 2-2-95; LSCB 1-1997(Temp), f. & cert. ef. 6-10-97; LSCB 2-1997, f. & cert. ef. 11-3-97; LCB 3-2002, f. & cert. ef. 7-1-02; LCB 1-2003, f. 1-31-03, cert. ef. 2-1-03; LCB 6-2003, f. & cert. ef. 10-1-03; LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04; LCB 5-2004, f. & cert. ef. 10-4-04; LCB 6-2005, f. 12-30-05, cert. ef. 1-1-06; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08; LCB 7-2007, f. 12-24-07, cert. ef. 1-1-08; LCB 3-2008, f. & cert. ef. 4-11-08; LCB 9-2008, f. 9-29-08, cert. ef. 10-1-08; LCB 10-2008, f. & cert. ef. 11-6-08; LCB 4-2009, f. 6-1-09 cert. ef. 7-1-09; LCB 9-2009(Temp), f. & cert. ef. 10-28-09 thru 4-25-10; Administrative correction 5-19-10; LCB 4-2010, f. & cert. ef. 6-2-10; LCB 5-2010(Temp), f. & cert. ef. 7-20-10 thru 1-16-11; LCB 6-2010, f. 8-12-10, cert. ef. 8-13-10; LCB 2-2011, f. & cert. ef. 1-27-11; LCB 16-2011, f. 12-29-11, cert. ef. 1-1-12

 

Rule Caption: Clarifies new legislation regarding bond coverage of backflow assemblies and landscape irrigation control wiring and outdoor landscape lighting.

Adm. Order No.: LCB 17-2011

Filed with Sec. of State: 12-29-2011

Certified to be Effective: 1-1-12

Notice Publication Date: 11-1-2011

Rules Amended: 808-004-0320

Subject: 808-004-0320 – Clarifies a claim may be accepted for negligent or improper work for work performed or contracted to be performed on or after January 1, 2012 for backflow assembly testing services, the installation, repair or maintenance of backflow assemblies for irrigation system and ornamental water features and the installation of irrigation control wiring and outdoor landscape lighting.

Rules Coordinator: Kim Gladwill-Rowley—(503) 967-6291, ext. 223

808-004-0320

Jurisdictional Requirements

(1) A claim must be of a type described under ORS 671.690(2) & (3), OAR 808-002-0220 and ORS 671.695.

(2) A claim may be accepted for negligent or improper work for the following activities performed or contracted to be performed on or after January 1, 2012:

(a) Backflow assembly testing services provided by employees of the landscape contracting business who are certified under ORS 448.279; and

(b) The installation, repair or maintenance by the landscape contracting business of backflow assemblies for irrigation systems and ornamental water features as described in ORS 447.060; and

(c) The installation by the landscape contracting business of landscape irrigation control wiring and outdoor landscape lighting as described in ORS 479.940.

(3) The agency will only process a claim that is filed within the following time limitations:

(a) State tax and contribution claims must be filed within one year of the due date of the tax or contribution.

(b) Labor, material and equipment claims must be filed within one year of the delivery date of the labor, material or equipment.

(c) Negligent or improper work claims must be filed within one year following the date the work was completed.

(d) Breach of contract claims must be filed within one year of the contract date or the last date of work on the project, whichever is later.

(4)(a) A claim will be processed only against a licensed landscape contracting business.

(b) For a State tax and contribution claim, the landscape contracting business against which the claim is filed will be considered licensed if the tax and contribution liability arose while the business was licensed.

(c) For a material claim, the landscape contracting business against which the claim is filed will be considered licensed if one or more invoices involve material delivered while the landscaping business was actively licensed. Damages will be awarded only for material delivered within the period of time that the landscape contracting business was actively licensed.

(d) For any other claim, the landscape contracting business against which the claim is filed will be considered licensed if the landscape contracting business was actively licensed during all or part of the work period.

(5) A labor, material and equipment claim, negligent or improper work claim or breach of contract claim will be accepted only when one or more of the following relationships exist between the claimant and the licensed landscape contracting business:

(a) A direct contractual relationship based on a contract entered into by the claimant and the landscape contracting business, or their agents; or

(b) An employment relationship or assigned relationship arising from a Bureau of Labor and Industries employee claim.

(6) A claim by a person furnishing material, or renting or supplying equipment to a landscape contracting business may not include a claim for non-payment for tools sold to a landscape contracting business, for equipment sold to the landscape contracting business that is not incorporated into the job site, for interest or service charges on an account or for materials purchased as stock items.

(7) Claims will be accepted only for work performed within the boundaries of the State of Oregon or for materials or equipment supplied or rented for installation or use on property located within the boundaries of the State of Oregon.

(8)(a) Except as provided in subsection (b) of this section, the agency may refuse to process a claim or any portion of a claim that includes an allegation of a breach of contract, negligent or improper work or any other act or omission within the scope of ORS 671.510 to 671.710 that is the same as an allegation contained in a claim previously filed by the same claimant against the same landscape contracting business.

(b) The agency may process a claim that would otherwise be dismissed under subsection (a) of this section if the previously filed claim was:

(A) Withdrawn prior to the on-site meeting.

(B) Closed or dismissed with an explicit provision allowing the subsequent filing of a claim containing the same allegations as the closed or dismissed claim.

(c) Nothing in this section extends the time limitation for filing a claim under ORS 671.710.

Stat. Auth.: ORS 183, 670.310 & 671.670

Stats. Implemented: ORS 671.690, 671.695, 671.703 & 2011 OL Ch. 104

Hist.: LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; LCB 1-2000, f. & cert. ef. 2-1-00; Renumbered from 808-004-0020; LCB 4-2002, f. & cert. ef. 12-4-02; LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04; LCB 6-2005, f. 12-30-05, cert. ef. 1-1-06; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08; LCB 17-2011, f. 12-29-11, cert. ef. 1-1-12

 

Rule Caption: Reduces the number of continuing education hours required.

Adm. Order No.: LCB 18-2011

Filed with Sec. of State: 12-29-2011

Certified to be Effective: 1-1-12

Notice Publication Date: 11-1-2011

Rules Amended: 808-040-0020, 808-040-0080

Subject: Reduces the number of continuing education hours required.

Rules Coordinator: Kim Gladwill-Rowley—(503) 967-6291, ext. 223

808-040-0020

Continuing Education Biennial and Reporting Requirement

(1) Biennial CEH requirement. To maintain licensing, a landscape construction professional must complete 16 hours of continued education hours (CEH) every two years unless such requirement is waived by the Board under ORS 671.676(4)) and OAR 808-040-0070:

(a) The 16 CEH must be completed during the two-year period immediately preceding the renewal date of the landscape construction professional license.

(b) The 16 CEH must conform to OAR 808-040-0040 and include a minimum of 4 CEH in subjects related to landscape business practices and a minimum of 8 CEH in subjects related to the technical area of landscape construction. The remaining hours may be in either of the above subjects or in subjects including but not limited to workplace safety, environmental and sustainable landscape practices, and/or community service.

(c) All landscape construction professionals renewing on or before December 31, 2011 may complete and report CEH obtained since January 1, 2008.

(2) Reporting Requirement at Renewal. As a requirement of renewal of an active landscape construction professional license, licensees are required to certify that the licensee has fulfilled the CEH requirement.

(3) Licensees with Even Numbered Licenses must report the CEH requirement in even numbered years. All licensees holding even numbered licenses on or before January 1, 2009 shall complete and report ten (10) CEH with the conditions of (1)(b) of this rule being prorated for their first renewal in 2010 and then report the full 20 CEH with the renewal every second(2nd) year thereafter.

(4) Licensees with Odd Numbered Licenses must report the CEH requirement in odd numbered years. All licensees holding odd-numbered licenses shall complete and report the 20 CEH requirement beginning with the renewal period in 2011and every second (2nd) year thereafter. The 20 CEH requirement shall be completed as per (1)(b) of this rule.

(5) New Licensees. CEH requirements for new licensees are as follows:

(a) New licensees who receive an even numbered license in an odd numbered year after January 1, 2009 must report 8 CEH with the conditions of (1) (b) of this rule being prorated for their first renewal period and then report the full 16 CEH with the renewal every second (2nd) year thereafter. An example of this is an individual who receives an even numbered license in 2009 must report 8 CEH in 2010 and then 16 CEH in 2012.

(b) New licensees who receive an even numbered license in an even numbered year after January 1, 2009 will report the 16 CEH requirement every second (2nd) year thereafter.

(c) New licensees who receive an odd numbered license in an even numbered year after January 1, 2009 must report 8 CEH with the conditions of (1) (b) of this rule being prorated for their first renewal period and then report the full 16 CEH with the renewal every second (2nd) year thereafter. An example of this is an individual who receives an odd numbered license in 2010 must report 8 CEH in 2011 and then 16 CEH in 2013.

(d) New licensees who receive an odd numbered license in an odd numbered year after January 1, 2009 will report the 16 CEH requirement every second (2nd) year thereafter

(e) CEH obtained by new licensees during the two-year period immediately preceding the renewal date of the landscape construction professional license.

Stat. Auth.: ORS 670.310 & 671.670

Stats. Implemented: 2007 OL Ch. 550

Hist.: LCB 8-2007, f. 12-24-07, cert. ef. 1-1-08; LCB 2-2009(Temp), f. & cert. ef. 5-13-09 thru 11-9-09; LCB 10-2009, f. & cert. ef. 10-28-09; LCB 1-2010, f. & cert. ef. 1-27-10; LCB 18-2011, f. 12-29-11, cert. ef. 1-1-12

808-040-0080

CEH Requirement for Reinstatement to Active Status

(1) Except as provided for in subsection (2) of this section any licensee that reinstates an inactive or expired landscape construction professional license to active status must:

(a) Comply with OAR 808-003-0255;

(b) Submit documentation as per the audit requirements of OAR 808-040-0060 for the 16 CEH obtained within the two years immediately preceding the renewal date of the landscape construction professional license; and

(c) Meet the CEH requirement for each subsequent renewal period.

(2) Any even numbered licensee that reinstates an inactive or expired landscape construction professional license to active status prior to December 31, 2011 must:

(a) Comply with OAR 808-003-0255

(b) Submit documentation as per the audit requirements of OAR 808-040-0060 for the 10 CEH obtained since January 1, 2008; and

(c) Meet the CEH requirement for each subsequent renewal period.

(3) Any odd numbered licensee that reinstates an inactive or expired landscape construction professional license to active status prior to December 31, 2011 must:

(a) Comply with OAR 808-003-0255;

(b) Submit documentation as per the audit requirements of OAR 808-040-0060 for the 20 CEH obtained since January 1, 2008; and

(c) Meet the CEH requirement for each subsequent renewal period.

(4) Any licensee that reinstates an expired landscape construction professional license to active status more than 14 days after the expiration of the license and the license was subject to audit prior to its expiration, the licensee must submit documentation as per the audit requirement of OAR 808-040-0060.

Stat. Auth.: ORS 670.310 & 671.670

Stats. Implemented: 2007 OL Ch. 550

Hist.: LCB 8-2007, f. 12-24-07, cert. ef. 1-1-08; LCB 2-2009(Temp), f. & cert. ef. 5-13-09 thru 11-9-09; LCB 10-2009, f. & cert. ef. 10-28-09; LCB 18-2011, f. 12-29-11, cert. ef. 1-1-12

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

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