Oregon Bulletin
March 1, 2011
Rule
Caption: Removes requirement to inform
consumer of name of subcontractors.
Adm.
Order No.: LCB 1-2011(Temp)
Filed with Sec. of
State: 1-27-2011
Certified to be
Effective: 1-28-11 thru 7-27-11
Notice Publication
Date:
Rules Amended: 808-002-0020
Subject: The rule amendment to OAR 808-002-0020(1) removes the
requirement for landscaping contracts and subcontracts to include the name and
license number of any subcontractor and a description of the landscaping work
to be subcontracted.
Rules Coordinator: Kim Gladwill-Rowley—(503) 378-5909
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) A list of plant materials, if any, together with
the size and quantity;
(e) General description of the work to be performed;
(f) Estimated time for completion or estimated
completion date;
(g) Price and payment schedule;
(h) Description of guarantee; if no guarantee such a
statement shall be included;
(i) Signatures of the business licensee and consumer;
(j) Statement that the business is licensed by the
State Landscape Contractors Board and the current address and phone number of
the board.
(2) 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
Rule
Caption: Permanent adoption of temporary
rule that repeals rule that allows an expired business license to be reinstated
retroactively.
Adm.
Order No.: LCB 2-2011
Filed with Sec. of
State: 1-27-2011
Certified to be
Effective: 1-27-11
Notice Publication
Date: 12-1-2010
Rules Amended: 808-003-0130
Subject: Amended to conform to ORS 671.660. The Landscape
Contractors Board current rules allow an expired landscaping contracting
business license to be reinstated retroactively if the bonding and liability
insurance requirement have been continuously in place. This rule does not take
into consideration the other licensing requirements and is not consistent with
Oregon law.
Rules Coordinator: Kim Gladwill-Rowley—(503) 378-5909
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 license card:
$20.
(9) Reinstatement of suspended license: $30. The reinstatement
date will be the date the agency updates the record.
(10) If a landscape construction professional license
expires, the amount to be paid for reinstatement 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.
(11) If a Landscape contracting business license
expires, the amount to be paid for reinstatement 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.
(12) 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.
(13) 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
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, 2010.
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