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Oregon Bulletin

May 1, 2014

Landscape Contractors Board, Chapter 808

Rule Caption: Removes the free copy of the plant CD to an applicant

Adm. Order No.: LCB 4-2014(Temp)

Filed with Sec. of State: 3-31-2014

Certified to be Effective: 4-1-14 thru 9-27-14

Notice Publication Date:

Rules Amended: 808-001-0020

Subject: Removes the free copy of the plant CD to an applicant

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

808-001-0020

Charges for Documents; Refunds

(1) All requests for copies of public records pertaining to the State Landscape Contractors Board and available at the Board’s office shall be in writing and may be delivered in person, by mail, by fax or by email. The request must include:

(a) The name and address of the person requesting the public record;

(b) The telephone number or other contact information for the person requesting the public record;

(c) A sufficiently detailed description of the record(s) requested to allow the agency to search for and identify responsive records;

(d) Date of request; and

(e) Signature of the person requesting the public record.

(2) Charges to the general public and to state agencies shall be payable in cash, check, money order, or any credit card accepted by the board office. Billing to such state agencies must be authorized by the Administrator. Checks or money orders shall be made payable to the Landscape Contractors Board.

(3) The Board accepts credit card payment submitted in person or by mail, e-mail or fax. Any credit card payment that is rejected by the bank and requested to be confiscated will be retained and returned to the bank. All payments by credit card that are rejected must be paid in full by a check or money order within ten days from notification of rejection.

(4) Charges for copies, documents, and services shall be as follows:

(a) Twenty-five cents per page for photocopies.

(b) The cost of records transmitted by fax is $.75 for the first page and $.60 for each additional page, limited to a 20-page maximum, not including the cover page.

(c) The cost of records transmitted by email is $5 per email.

(d) Upon request, copies of public records may be provided electronically if the document(s) are stores in the agency’s computer system. Disks will be provided at a cost of $5.00 per disk and may contain as much information as the disk will hold. Due to the threat of computer viruses, the agency will not permit requestors to provide disks for electronic reproduction of computer records.

(e) Actual cost for delivery of records such as postage and courier fees.

(f) Actual attorney fees charged to the agency for the cost of time spent by an attorney in reviewing the public records, redacting materials from the public records or segregating the public records into exempt and nonexempt records.

(g) The agency may require pre-payment of estimated fees before taking further action on a request.

(h) $20 for each certification that an entity has or has not been licensed with the Landscape Contractors Board.

(i) $20 for certified copies of documents.

(j) $100 for listing of individual landscape construction professional contractors and landscape contracting businesses on CD, or provided electronically through e-mail. Requests for searching or formatting the data will be billed as per subsection (k) of this rule. The Administrator may waive this charge for other public agencies.

(k) Labor charges that include researching, locating, compiling, editing or otherwise processing information and records:

(A) No charge for the first 30 minutes of staff time;

(B) Beginning with the 31st minute, the charge per total request is $30 per hour or $7.50 per quarter-hour. A prorated fee is not available for less than a quarter-hour;

(l) For both machine copies and documents, an additional amount set at the discretion of the Administrator for staff time required for search, handling, and copying.

(m) $20 for duplicate recording of Board meetings.

(n) $20 for duplicate recordings of a three hour agency hearing or arbitration and $10 for each additional 90 minute or fraction thereof of the hearing or arbitration.

(o) Plant CD: The cost of the item, the cost of shipping and a fee for the cost of processing the order. Contact the State Landscape Contractors Board for the current charges.

(p) Landscape Construction book by David Sauter is the cost of the item, the cost of shipping and a fee for the cost of processing the order. Contact the State Landscape Contractors Board for the current charges.

(q) Owner/Managing Employee Study Guide & Manual

(A) Printed copy is the cost of the item, the cost of shipping and a fee for the cost of processing the order. Contact the State Landscape Contractors Board for the current charges.

(B) $5 for a CD.

(5) Refunds: All requests for refunds must be in writing.

(a) Except as set forth in subsection (b) of this section, applicant and licensing fees are non-refundable and nontransferable.

(b) When an applicant for a landscape construction professional license withdraws their renewal or fails to complete the renewal process the agency may retain a-processing fee of $20. When an applicant withdraws their application for a landscape contracting business license or renewal or fails to complete the renewal process, the agency may retain a-processing fee of $50.

(6) If the agency receives payment of any fees or penalty by check and the check is returned to the agency by the bank, the payer of the fees may be assessed a charge of $25 in addition to the required payment of the fees or penalty.

(7) The agency shall not refund fees or civil penalties overpaid by an amount of $20 or less unless requested by the payer in writing within three years after the date payment is received by the agency, as provided by ORS 293.445.

Stat. Auth.: ORS 183, 293.445, 671 & 2007 OL Ch. 541

Stats. Implemented: ORS 183, 192.430, 293.445 & 671

Hist.: LC 1-1984, f. & ef. 7-17-84; LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; LCB 2-1988(Temp), f. 3-17-88, cert. ef. 4-1-88; LCB 4-1988, f. 11-23-88, cert. ef. 12-1-88; LSCB 2-1997, f. & cert. ef. 11-3-97; LCB 2-1999, f. & cert. ef. 5-4-99; LCB 4-2002, f. & cert. ef. 12-4-02; LCB 1-2003, f. 1-31-03, cert. ef. 2-1-03; LCB 4-2004(Temp), f. & cert. ef. 6-11-04 thru 12-6-04; LCB 5-2004, f. & cert. ef. 10-4-04; 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 4-2008(Temp), f. & cert. ef. 4-23-08 thru 9-22-08; LCB 9-2008, f. 9-29-08, cert. ef. 10-1-08; LCB 3-2011, f. & cert. ef. 5-25-11; LCB 4-2014(Temp), f. 3-31-14, cert. ef. 4-1-14 thru 9-27-14


Rule Caption: Clarifies that providing false information to the board is dishonest or fraudulent conduct.

Adm. Order No.: LCB 5-2014(Temp)

Filed with Sec. of State: 3-31-2014

Certified to be Effective: 4-1-14 thru 9-27-14

Notice Publication Date:

Rules Amended: 808-002-0330

Subject: Clarifies that providing false information to the board is dishonest or fraudulent conduct.

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

808-002-0330

Dishonest or Fraudulent Conduct

“Dishonest or fraudulent conduct,” as used in ORS 671.610(1)(q), includes, but is not limited to, the following:

(1) Failing to pay monies when due for materials or services rendered in connection with the applicant’s or licensee’s operations as a landscape contracting business when the applicant or licensee has received sufficient funds as payment for the particular landscaping project or operation for which the services or materials were rendered or purchased; or

(2) Accepting payment in advance on a contract or agreement and failing to perform the work or provide the services required by the contract or agreement in a diligent manner and failing to return payment for unperformed work, upon reasonable and proper demand, within ten days of demand; or

(3) Displaying to the public false, misleading, or deceptive advertising whereby a reasonable person could be misled or injured; or

(4) Failing to pay minimum wages or overtime wages as required under state or federal law; or

(5) Failing to comply with the state Prevailing Wage Rate Law, ORS 279.348 to 279.380; or

(6) Failing to comply with the federal Davis-Bacon and related acts when the terms of the contract require such compliance; or

(7) Failing to pay wages as determined by the Bureau of Labor and Industries, Wage and Hour Division; or

(8) Presenting for payment to the board a check that subsequently is returned to the agency due to non-sufficient funds or closure of the account; or

(9) Misrepresenting the employment relationship between a landscape contracting business and a landscape construction professional.

(10) Providing false information to the board.

Stat. Auth.: ORS 670.310 & 671.670

Stats. Implemented: ORS 671.610(1)(q)

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 4-2013, f. 9-30-13 cert. ef. 10-1-13; LCB 5-2014(Temp), f. 3-31-14, cert. ef. 4-1-14 thru 9-27-14

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, 2013.

2.) Copyright 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

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