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Oregon Bulletin

August 1, 2011

 

Landscape Contractors Board
Chapter 808

Rule Caption: Adopt 2011–2013 Budget.

Adm. Order No.: LCB 5-2011

Filed with Sec. of State: 6-17-2011

Certified to be Effective: 6-17-11

Notice Publication Date: 5-1-2011

Rules Amended: 808-001-0008

Subject: 808-001-0008 — Adopts 2011–2013 budget.

Rules Coordinator: Kim Gladwill-Rowley—(503) 378-5909

808-001-0008

Operating Budget

Pursuant to ORS 182.462, the Board adopts the budget, for the biennium beginning July 1, 2011 and ending June 30, 2013, as approved at the Regular Board Meeting held June 16, 2011. The Board Administrator will amend budgeted accounts as necessary, within the approved budget for the effective operation of the Board. Copies of the budget are available at the Board’s office.

Stat. Auth.: ORS 670.310 & 671.670

Stats. Implemented: ORS 182.462

Hist.: LCB 3-2003, f. 5-27-03, cert. ef. 6-1-03; LCB 3-2005, f. & cert. ef. 6-1-05; LCB 1-2006, f. 3-27-06, cert. ef. 4-1-06; LCB 2-2007, f. & cert. ef. 5-16-07; LCB 4-2009, f. 6-1-09 cert. ef. 7-1-09; LCB 5-2011, f. & cert. ef. 6-17-11

 

Rule Caption: Adds requirement to show intention to subcontract work to contract standards.

Adm. Order No.: LCB 6-2011

Filed with Sec. of State: 6-17-2011

Certified to be Effective: 6-17-11

Notice Publication Date: 5-1-2011

Rules Amended: 808-002-0020

Rules Repealed: 808-002-0020(T)

Subject: 808-002-0020 — Adds requirement to show intention to subcontract work to contract standards

Rules Coordinator: Kim Gladwill-Rowley—(503) 378-5909

808-002-0020

Minimum Standards for Written Contracts and Billings

Landscaping contracts and subcontracts shall include, but not be limited to, the following:

(1) Landscape contracting business name, license number, business address and telephone number;

(2) Consumer’s name and address;

(3) Address or location of work to be performed if different from the consumer’s address;

(4) A list of plant materials, if any, together with the size and quantity;

(5) General description of the work to be performed;

(6) Estimated time for completion or estimated completion date;

(7) Price and payment schedule;

(8) Description of guarantee; if no guarantee such a statement shall be included;

(9) Signatures of the authorized business representative and consumer;

(10) Statement that the business is licensed by the State Landscape Contractors Board and the current address and phone number of the board.

(11) Effective January 1, 2012: If subcontractors will be used for the performance of landscaping work, the contract must include a statement notifying the consumer that there will be subcontractors used to perform landscaping work.

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; LCB 6-2011, f. & cert. ef. 6-17-11

 

Rule Caption: Adds criteria for allowing continuing education hours for preparation and research for teaching or presenting.

Adm. Order No.: LCB 7-2011

Filed with Sec. of State: 6-17-2011

Certified to be Effective: 6-17-11

Notice Publication Date: 5-1-2011

Rules Amended: 808-040-0025, 808-040-0040

Subject: 808-040-0025 —Adds preparation and research for teaching or presenting criteria for determining the number of continuing education hours allowed.

      808-040-0040 —Adds preparation and research for teaching or presenting as acceptable subject matter for continuing education hours.

Rules Coordinator: Kim Gladwill-Rowley—(503) 378-5909

808-040-0025

Continued Education Programs

In order to qualify for CEH credit under these rules, a CEH program must be a formal program or board approved program of learning that contributes directly to the professional competence of the licensee

(1) Eligible Programs and Activities. The following programs will qualify for CEH credit provided they also meet the requirements of section (2) through (5) of this rule:

(a) Programs presented by national, state or local landscape industry organizations.

(b) Programs offered by a firm to licensees.

(c) Programs sponsored by organizations that provide professional educational programs.

(d) Correspondence courses or other individual independent study programs and activities do not qualify for CEH credit unless both the CEH sponsor and the specific CEH program or activity are approved by the Board prior to the offering of, presentation of, attendance of, or participation in the program or activity.

(e) Volunteering activities for industry related boards, commissions, and designated committees.

(f) Making presentations or teaching courses related to approved subjects for the CEH credit.

(2) Sponsored Program and Activity requirements. Sponsored CEH programs must meet the following requirements to qualify for CEH credit:

(a) An outline of the program is prepared in advance and preserved;

(b) The program must cover at least one of the topic areas listed in 808-040-0040;

(c) The program is at least one hour (fifty-minute period) in length;

(d) A record of attendance is maintained by the provider;

(e) The program is conducted by a qualified instructor or presenter whose background, training, education or experience qualifies the person to teach or lead a discussion on the subject matter of the particular program.

(f) Evidence of completion is provided to participating licensees in the form of a certificate that must include:

(A) Name of sponsoring institution, association or organization;

(B) Title of the presentation;

(C) Name of instructor or presenter;

(D) Date of presentation;

(E) Type of CEH;

(F) Number of approved CEH; and

(G) Signature of the instructor or presenter or official stamp of the sponsor signifying attendance and completion of the course.

(3) Correspondence and Independent Study courses. Correspondence courses or other individual independent study programs and activities must meet the following requirements to qualify for CEH credit:

(a) An outline of the program is prepared in advance and preserved;

(b) The program must cover at least one of the topic areas listed in 808-040-0040;

(c) The program is at least one hour (fifty-minute period) in length;

(d) A record of attendance is maintained by the provider; and

(e) The provider of the correspondence or independent study course is a qualified instructor or presenter whose background, training, education or experience qualifies the person to teach or lead a discussion on the subject matter of the particular course.

(4) Volunteering. Education opportunities that engage the licensee in volunteering must meet the following requirements to qualify for CEH credit. The volunteer activity must be directly related to the landscape construction industry, such as but not limited to:

(a) Serving on industry related boards, commissions or committees; or

(b) Providing a not-for-profit service to local or state entities for the enhancement and preservation of the environment or natural resources through landscape planning, installation and maintenance.

(5) Teaching and Presenting. Activities that engage the licensee in teaching and presenting courses must meet the following criteria to qualify for CEH credit:

(a) The licensee must be an actively licensed landscape construction professional;

(b) The licensee must have been actively licensed for a period of not less than five (5) years;

(c) An outline of the course is prepared in advance and preserved;

(d) The course must cover at least one of the topic areas listed in 808-040-0040;

(e) The course is at least one hour (fifty-minute period) in length;

(f) A record of attendance is maintained by the licensee;

(g) The course is presented for an education provider; a school, university or college; a landscape contracting business, or any industry related organization or association.;

(h) CEH credit is allowed for each 50 minute period completed as an instructor or discussion leader for the first presentation of the subject material;

(i) CEH credit for preparation and research time allowed for an instructor, discussion leader, or a speaker shall be calculated on the basis of two CEH hours of preparation and research in the CEH type of the presentation for each hour of presenting or teaching.

(j)The maximum CEH credit allowed for preparation and research under this section must not exceed one-half of the total number of CEH hours required for the renewal period;

(k) Preparation and research CEH may be available only for teaching a course or making a presentation in its initial presentation. CEH credit may be allowed for additional preparation and research if the substantive content of the program was substantially changed and the licensee provides evidence that such change required significant additional study or research;

Stat. Auth.: ORS 670.310 & 671.670

Stats. Implemented: Ch. 550 OL 2007

Hist.: LCB 8-2007, f. 12-24-07, cert. ef. 1-1-08; LCB 7-2011, f. & cert. ef. 6-17-11

808-040-0040

Acceptable Subject Matter

The subjects listed in this rule serve as examples only, and are not all-inclusive.

(1) Technical Subjects. Subjects that may qualify for technical subjects include, but are not limited to:

(a) The construction and installation techniques for lawns, trees, vines, shrubs, nursery stock, erosion control, retaining walls, patios, decks, fences, driveways, walkways, arbors, landscape edging, drainage systems, water features, low voltage lighting, irrigation systems including backflow and backflow testing; and

(b) Subjects related to soil science, pesticide application; landscape design; landscape architecture; arboriculture; or horticulture; and

(c) Subjects related to landscape practices for sustainability and environmental issues including but not limited to:

(A) Storm water management,

(B) Living soils management;

(C) Water-wise site design and principles;

(D) Smart technologies;

(E) Low volume irrigation installation and management; or

(F) Integrated pest management.

(d) Preparation and Research for teaching or presenting; or

(e) Any other subject the Board determines applicable.

(2) Business Practice Subjects. Subjects that may qualify for business related subjects are:

(a) Accounting (cash flow, budgeting, pricing);

(b) Business law (liens, tax, employment, etc);

(c) Production and operation management;

(d) Client communication;

(e) Human resource management;

(f) Business management, marketing;

(g) Business ethics;

(h) Leadership;

(i) Storm water management;

(j) Smart technologies;

(k) Integrated pest management; or

(L) Preparation and research for teaching or presenting; or

(m) Any other subject the Board determines applicable.

(3) Other Acceptable Subjects. Subjects that may qualify as other subjects include, but are not limited to:

(a) Safety meetings;

(b) Voluntary OSHA inspections;

(c) First aid training;

(d) Classroom or seminar teaching of related subjects;

(e) Serving as a volunteer on landscape related Boards and Commissions or designated committees;

(f) providing a not-for-profit service to local or state entities for the enhancement and preservation of the environment or natural resources through landscape planning, installation and maintenance; or

(g) Any other subject the Board determines applicable.

Stat. Auth.: ORS 670.310 & 671.670

Stats. Implemented: Ch. 550 OL 2007

Hist.: LCB 8-2007, f. 12-24-07, cert. ef. 1-1-08; LCB 7-2011, f. & cert. ef. 6-17-11

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

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