Loading

Oregon Bulletin

March 1, 2011

 

Landscape Contractors Board
Chapter 808

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.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

© 2013 State of Oregon All Rights Reserved​