Oregon Bulletin
July 1, 2011
Rule
Caption: Amends charges for exam resources
based on the cost of the item; removes charge for vehicle stickers no longer
provided.
Adm.
Order No.: LCB 3-2011
Filed with Sec. of
State: 5-25-2011
Certified to be
Effective: 5-25-11
Notice Publication
Date: 3-1-2011
Rules Amended: 808-001-0020
Subject: Amends charges for examination resources (Plant CD and
Owner/managing Employee Study Guide) to be based on the current cost of the
item and a fee for the cost of shipping and processing the order. This
amendment also removes the charge for vehicle stickers that are no longer being
provided by the board.
Rules Coordinator: Kim Gladwill-Rowley—(503) 378-5909
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:
(A) First copy is free to landscape construction
professional applicant;
(B) 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
Rule
Caption: Removes requirement to submit pay
stub with Verification Form.
Adm.
Order No.: LCB 4-2011
Filed with Sec. of
State: 5-25-2011
Certified to be
Effective: 5-25-11
Notice Publication
Date: 4-1-2011
Rules Amended: 808-003-0018
Subject: Removes requirement to submit pay stub with
Verification Form.
Rules Coordinator: Kim Gladwill-Rowley—(503) 378-5909
808-003-0018
Supervisory Responsibilities;
Employment
(1) The licensed landscape construction professional who holds part or the complete phase basis of the landscape
contracting business license must perform the following supervisory services:
(a) Review and initial the landscape plan and written
contract for each job;
(b) Attend all on-site meetings and appear at any
hearings that are a consequence of any claims filed against the landscape
contracting business that relate to the landscape construction professional’s
phase of license; and
(c) Directly supervise all non-licensed employees employed
by the landscape contracting business as defined in OAR 808-002-0328. For the
purpose of verification of direct supervision of an unlicensed employee as
required by ORS 671.540(1)(q) or (r), the communication requirement of direct
supervision will be considered met if the licensed landscape construction
professional communicates with the Landscape Contractors Board investigator who
requested the unlicensed employee to contact the supervising landscape
construction professional before midnight of the same day of the request.
(2) A landscape contracting business must:
(a) require a licensed
landscape construction professional to directly supervise the unlicensed
employees of the landscape contracting business who are performing work that
corresponds to the landscape construction professional’s phase of license; and
(b) Have the landscape construction professional who is
responsible for supervision as required in subsection (a) of this section on
the payroll each hour receiving at least minimum wage or meeting the salary
test for salaried exempt employees during the time the landscape contracting
business is engaged in landscaping work that corresponds to this landscape
construction professional’s phase of license except when the landscape
construction professional is not considered a subject worker under ORS 656.027.
(c) Submit a Verification form when a new landscape
construction professional becomes part or the complete basis of the landscape
contracting business license.
(3) Upon application for a landscape contracting
business license, and at any other time the board requests, a landscape
contracting business must submit a completed, signed and notarized Verification
form (provided by the board) for every licensed landscape construction
professional for whom the landscape contracting business has not previously
submitted this Verification form and who is supervising landscaping work for
the landscape contracting business;.
(4) The Verification form verifies that the licensed
landscape construction professional:
(a) Is a paid employee of the landscape contracting
business and is on the payroll each hour receiving at least minimum wage or
meets the salary test for salaried, exempt employees or is an owner of the
business as defined in OAR 808-002-0734 during the time the business is
performing landscape work related to the landscape construction professional’s
phase of license;
(b) Will directly supervise work based on the landscape
construction professional’s phase of license;
(c) Will attend on site meetings and appear at any
hearings that are a consequence of any claims filed against the landscape
contracting business that relate to the landscape construction professional’s
phase of license; and
(d) Understands the requirement to notify the board within
ten calendar days after termination of employment from the landscape
contracting business as required by OAR 808-003-0125(4).
Stat. Auth.: ORS 670.310 &
671.670
Stats. Implemented: ORS 671.565
Hist.: LCB 2-1998, f. & cert.
ef. 4-30-98; LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04; LCB 2-2006, f. 8-2-06, cert. ef. 10-2-06;
LCCB 3-2007, f. & cert. ef. 8-1-07; LCB 4-2007, f.
12-19-07, 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 2-2010, f. & cert. ef. 6-1-10; LCB 4-2011, f.
& cert. ef. 5-25-11
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 |