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Oregon Bulletin

July 1, 2012

Landscape Contractors Board, Chapter 808

Rule Caption: Amends rule to adopt new Attorney General’s Model rules.

Adm. Order No.: LCB 3-2012

Filed with Sec. of State: 5-30-2012

Certified to be Effective: 6-1-12

Notice Publication Date: 4-1-2012

Rules Amended: 808-001-0005

Subject: OAR 808-001-0005 is amended to adopt the new Attorney General’s Model Rules of Procedure.

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

808-001-0005

Model Rules

The Landscape Contractors Board adopts the Attorney General’s Uniform and Model Rules of Procedure under the Administrative Procedures Act in effect January 31, 2012, with the following exceptions: OAR 137-003-0015, 137-005-0050, 137-005-0060, and 137-005-0070.

[ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or Landscape Contractors Board.]

Stat. Auth.: ORS 671
Stats. Implemented: ORS 183.341 & 279
Hist.: LC 2, f. & ef. 5-18-76; LC 3, f. & ef. 2-7-77; LC 1-1984, f. & ef. 7-17-84; LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; LCB 4-1988, f. 11-23-88, cert. ef. 12-1-88; LCB 1-1991, f. & cert. ef. 7-22-91; LCB 2-1992, f. 7-14-92, cert. ef. 7-15-92; LSCB 1-1995, f. & cert. ef. 2-2-95; LSCB 1-1996, f. & cert. ef. 6-18-96; LCB 2-1999, f. & cert. ef. 5-4-99; LCB 1-2003, f. 1-31-03, cert. ef. 2-1-03; LCB 1-2005, f. & cert. ef. 2-15-05; LCB 3-2006, f. & cert. ef. 8-2-06; LCB 5-2008, f. & cert. ef. 4-25-08; LCB 3-2012, f. 5-30-12, cert. ef. 6-1-12


 

Rule Caption: Updates rule to reflect what documentation the agency needs to renew a license.

Adm. Order No.: LCB 4-2012

Filed with Sec. of State: 5-30-2012

Certified to be Effective: 6-1-12

Notice Publication Date: 4-1-2012

Rules Amended: 808-003-0230

Subject: OAR 808-002-0230 is being amended to update the rule to reflect what documentation the agency needs to renew a license.

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

808-003-0230

Renewal of Landscapeing Contracting business and Landscape Construction Professional License

(1) Application for renewal of a landscape contracting business license shall comply with ORS 671.660 and be:

(a) Accompanied by:

(A) Required renewal fee; and

(B) 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 671.560 and 671.563, “applicant” has the same meaning as owner as defined in OAR 808-002-0734.

(b) On forms provided by the agency and the licensee shall update the following items:

(A) Mailing address;

(B) Assumed business name;

(C) Entity type;

(D) Employer status as required by ORS 671.525 and OAR 808-003-0090;

(E) Listing of owners/officers and percentage of ownership of each owner;

(F) List of landscape construction professional(s), with accompanying license numbers employed by the business;

(G) Bond amount as required by ORS 671.690 and OAR 808-003-0613;

(H) Insurance expiration date as required by OAR 808-003-0095; and

(I) Name of the owner/managing employee, if applicable as required by ORS 671.595

(2) Application for renewal of a landscape construction professional license shall comply with ORS 671.660 and be:

(a) Accompanied by:

(A) Required renewal fee; and

(B) 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 671.560 and 671.563, “applicant” has the same meaning as owner as defined in OAR 808-002-0734.;

(b) On forms provided by the agency and the licensee shall update the following items:

(A) Mailing address; and

(B) Name of landscape contracting business(es) individual is employed by, if applicable;

(C) Listing of continuing education courses completed, if applicable; and

(D) Signature of applicant.

(3) If an applicant as defined in subsections (1) and (2) of this rule has any unpaid damages as stated in subsections (1) and (2) 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 renew the license.

(4) If an applicant satisfies all requirements for license renewal before the expiration date:

(a) The license is renewed;

(b) The effective date of the license is the expiration date; and

(c) The license is valid until the last day of the anniversary month of the initial issues of the license.

(5) If an applicant satisfies all requirements for license renewal within two years after the expiration date:

(a) The license will be renewed;

(b) The effective date of the license is the date the agency updates the record; and

(c) The license is valid until the last day of the anniversary month of initial issuance of the license

(6) If an applicant satisfies all requirements for renewal more than two years after the expiration date, the license cannot be renewed or reissued. The applicant must apply for a new license under OAR 808-003-0015.

Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 671.568 & 671.574
Hist.: 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 6-2010, f. 8-12-10, cert. ef. 8-13-10; LCB 4-2012, f. 5-30-12, cert. ef. 6-1-12

 

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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