Oregon Bulletin
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Rules Repealed: 808-002-0020(T)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.
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