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Oregon Bulletin

September 1, 2011

 

Landscape Contractors Board
Chapter 808

Rule Caption: Clarifies planting in outdoor pots and containers when they can be moved without the assistance of power equipment as landscape maintenance.

Adm. Order No.: LCB 8-2011

Filed with Sec. of State: 7-26-2011

Certified to be Effective: 8-1-11

Notice Publication Date: 5-1-2011

Rules Amended: 808-002-0200, 808-002-0620

Subject: 808-002-0200 – Adds planting in outdoor pots and containers that are part of a structure or require power equipment to move when empty to the definition of casual, minor or inconsequential.

      808-002-0620 – Adds planting in outdoor pots and containers when the pots and containers can be moved without the assistance of power equipment when empty to landscape maintenance.

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

808-002-0200

Casual, Minor, or Inconsequential

“Casual, Minor, or Inconsequential” work, as used in ORS 671.540(3)(c), includes:

(1) The replacement of shrubs, vines, trees and nursery stock with varieties that are similar in habit and culture;

(2) The replacement of existing lawns;

(3) The planting of annuals, perennials and bulbs in existing beds and outdoor pots and containers that are part of a structure or require power equipment to be placed when empty or filled. This does not include the commercial production of nursery stock;

(4) The replacement of non-concrete landscape edging;

(5) In an irrigation system, the replacement of three or fewer malfunctioning sprinkler heads with heads of the same or of a similar type and hydraulic equivalency;

(6) “Casual, minor or inconsequential” work does not include:

(a) The construction of new planting areas;

(b) The construction or repair of arbors, decks, driveways, fences, retaining walls, walkways, patios, concrete landscape edging, or ornamental water features, drainage systems or irrigation systems; or

(c) The maintenance of irrigation systems with the use of compressed air.

(d) The placement of outdoor pots and containers where the use of powered equipment is required when the pots or containers are empty or filled.

Stat. Auth.: ORS 183.325 - 183.410, 670.310 & 671.670

Stats. Implemented: ORS 671.520 & 671.540

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 808-010-0010; LCB 1-1991, f. & cert. ef. 7-22-91; LCB 3-1991(Temp), f. & cert. ef. 12-3-91; LCB 1-1992, f. 1-27-92, cert. ef. 2-1-92; LCB 2-1992, f. 7-14-92, cert. ef. 7-15-92; LCB 3-1992(Temp), f. & cert. ef. 7-16-92; LCB 1-1993, f. & cert. ef. 1-19-93; LCB 4-1993, f. & cert. ef. 11-1-93; LSCB 2-1997, f. & cert. ef. 11-3-97; LCB 1-1998, f. & cert. ef. 2-6-98; LCB 3-1998(Temp), f. & cert. ef. 11-16-98 thru 5-15-99; LCB 1-1999, f. & cert. ef. 2-11-99; LCB 3-1999, f. & cert. ef. 11-17-99, Renumbered from 808-002-0010; LCB 1-2001, f. 12-4-01, cert. ef. 1-1-02; LCB 3-2004, f. 1-27-04, cert. ef. 2-1-04; LCB 6-2005, f. 12-30-05, cert. ef. 1-1-06; LCB 9-2008, f. 9-29-08, cert. ef. 10-1-08; LCB 12-2009, f. 12-23-09, cert. ef. 1-1-10; LCB 8-2011, f. 7-26-11, cert. ef. 8-1-11

808-002-0620

Landscape Maintenance

“Landscape Maintenance” means the regular and practical care of existing landscapes and would include, but is not limited to:

(1) The mowing, trimming and edging of lawns;

(2) Pruning of trees to a height of no more than 15 feet above ground level, removal of trees up to 15 feet in height where the diameter of the tree is 4 inches or less when measured at 6” to 12” above soil line. Limbs may be removed when the diameter of the limb is 3 inches or less at its origin;

(3) The placement of mulching materials including, but not limited to, bark dust, chips, husks, shells or compost; or

(4) The application of fertilizer to lawns, trees and shrubs using fertilizer as defined in ORS 633.311.

(5) The planting of outdoor pots and containers when the pots and containers can be placed without the assistance of power equipment when empty or filled.

(6) In an irrigation system:,

(a) The adjustment of sprinkler head nozzles; or

(b) The programming of irrigation controllers.

Stat. Auth.: ORS 183.325 - 183.410, 670.310 & 671.670

Stats. Implemented: ORS 671.540

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 808-010-0010; LCB 1-1991, f. & cert. ef. 7-22-91; LCB 3-1991(Temp), f. & cert. ef. 12-3-91; LCB 1-1992, f. 1-27-92, cert. ef. 2-1-92; LCB 2-1992, f. 7-14-92, cert. ef. 7-15-92; LCB 3-1992(Temp), f. & cert. ef. 7-16-92; LCB 1-1993, f. & cert. ef. 1-19-93; LCB 4-1993, f. & cert. ef. 11-1-93; LSCB 2-1997, f. & cert. ef. 11-3-97; LCB 1-1998, f. & cert. ef. 2-6-98; LCB 3-1998(Temp), f. & cert. ef. 11-16-98 thru 5-15-99; LCB 1-1999, f. & cert. ef. 2-11-99; LCB 3-1999, f. & cert. ef. 11-17-99, Renumbered from 808-002-0010; LCB 4-2003, f. 5-27-03, cert. ef. 6-1-03; LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04; LCB 12-2009, f. 12-23-09, cert. ef. 1-1-10; LCB 8-2011, f. 7-26-11, cert. ef. 8-1-11

 

Rule Caption: Clarifies a landscape contracting business license is required for planting on structures and adds requirements and
clarifies landscaping work is outdoors.

Adm. Order No.: LCB 9-2011

Filed with Sec. of State: 7-26-2011

Certified to be Effective: 8-1-11

Notice Publication Date: 5-1-2011

Rules Amended: 808-002-0455, 808-002-0500

Subject: 808-002-0455 – Clarifies the definition of install is for nursery stock installed outdoors and landscaping work on structures must be approved by the structural engineer, architect, or building code official.

      808-002-0500 – Clarifies the definition of landscaping work to include nursery stock installed outdoors and the installation of root penetration preventions materials and other planting media.

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

808-002-0455

Install

(1) For the purpose of ORS 671.520 “install” means the planting of lawns, trees, shrubs, vines and nursery stock outdoors. For the purpose of this rule, planting includes, but is not limited to, the excavation of the planting pit or hole, physically moving the plant into the pit or hole, backfilling the pit or hole, compacting the backfill and staking the plant if necessary.

(2) Installing does not include:

(a) the placement of mulching materials which includes, but is not limited to bark dust, chips, husks, shells or compost; and

(b) the planting of nursery stock for commercial sale or reforestation.

Stat. Auth.: ORS 670.310 & 671.670

Stats. Implemented: ORS 671.520(1)

Hist.: LCB 6-2005, f. 12-30-05, cert. ef. 1-1-06; LCB 9-2011, f. 7-26-11, cert. ef. 8-1-11

808-002-0500

Landscaping Work

“Landscaping Work,” as used in ORS 671.540, 671.570 671.660(5) and 671.690, means:

(1) The planning or installing of lawns, shrubs, vines, trees, and nursery stock outdoors including the preparation of property on which the vegetation is to be installed. For the purposes of this rule, “preparation of property” includes, but is not limited to the installation of root penetration prevention materials, the placement of containers and pots that require the use of power equipment to move, the adding and incorporating of soil amendments, importation of topsoil and other planting media, removal of soil, and final grading to the specified aesthetic and drainage needs of a site on which landscaping work is to be performed;

(2) The construction or repair of ornamental water feature or drainage systems;

(3) The construction or repair of irrigation systems for lawns, shrubs, vines, trees and nursery stock;

(4) The maintenance of irrigation systems with the use of compressed air;

(5) The planning and installing of fences, decks, arbors, patios, landscape edging, driveways, walkway and retaining walls.

(6) Landscaping work does not include structural work, waterproofing or work with waterproof membranes, flashing, or other work involving the building envelope that is outside the scope of license of a landscape contracting business.

Stat. Auth.: ORS 183.325 - 183.410, 670.310 & 671.670

Stats. Implemented: ORS 671.520, 671.530, 671.540 & 671.660

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 808-010-0010; LCB 1-1991, f. & cert. ef. 7-22-91; LCB 3-1991(Temp), f. & cert. ef. 12-3-91; LCB 1-1992, f. 1-27-92, cert. ef. 2-1-92; LCB 2-1992, f. 7-14-92, cert. ef. 7-15-92; LCB 3-1992(Temp), f. & cert. ef. 7-16-92; LCB 1-1993, f. & cert. ef. 1-19-93; LCB 4-1993, f. & cert. ef. 11-1-93; LSCB 2-1997, f. & cert. ef. 11-3-97; LCB 1-1998, f. & cert. ef. 2-6-98; LCB 3-1998(Temp), f. & cert. ef. 11-16-98 thru 5-15-99; LCB 1-1999, f. & cert. ef. 2-11-99; LCB 3-1999, f. & cert. ef. 11-17-99, Renumbered from 808-002-0010; LCB 1-2001, f. 12-4-01, cert. ef. 1-1-02; LCB 3-2004, f. 1-27-04, cert. ef. 2-1-04; LCB 6-2005, f. 12-30-05, cert. ef. 1-1-06; LCB 3-2006, f. & cert. ef. 8-2-06; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08; LCB 12-2009, f. 12-23-09, cert. ef. 1-1-10; LCB 9-2011, f. 7-26-11, cert. ef. 8-1-11

 

Rule Caption: Removes outdated requirements; clarifies managing employee requirements; requires verification form; adds penalty for violation of agency’s rules.

Adm. Order No.: LCB 10-2011

Filed with Sec. of State: 7-26-2011

Certified to be Effective: 8-1-11

Notice Publication Date: 5-1-2011

Rules Adopted: 808-030-0015, 808-030-0018

Rules Amended: 808-003-0015, 808-005-0020, 808-030-0010

Subject: 808-003-0015 — Requires verification form from designated managing employee who is not an owner of the business.

      808-030-0010 — Removes outdates requirements.

      808-030-0015 — Clarifies managing employee requirements.

      808-030-0018 — Clarifies managing owner requirements.

      808-005-0020 — Adds penalty for failure to comply with agency’s administrative rules and failure of managing. employee to notify the board when the managing employee ceases to act in the role of managing employee.

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

808-003-0015

Application for Landscape Contracting Business and Landscape Construction Professional License

(1) Application for a landscape contracting business license shall be on forms provided by the agency. Information provided on the form must include, but not be limited to:

(a) Name of business entity, all additional assumed business names under which the landscaping work is conducted and Corporation Division registry numbers (if applicable). The business entity name and all assumed business names listed must be the same as what appears on record with the Corporation Division, if applicable;

(b) Mailing and physical address of the business entity;

(c) Name of all owners and percent of ownership of each owner;

(d) Name and license number of all licensed landscape construction professionals employed by the business as required under ORS 671.565 along with a signed and notarized verification of employment form provided by the agency. A business may meet the requirements of ORS 671.565, not withstanding the conditions or ORS 657.044, if the licensed landscape construction professional is a sole proprietor, a member of an LLC, a general partner in a partnership, or a stockholder of a Sub Chapter S-Corp and is actively involved in the landscape contracting business’ operations and is receiving remuneration, whether by salary or other payment, for services provided;

(e) Name and address of owner or managing employee;

(f) Independent contractor certification statement;

(g) A signed statement by the owner of the business, on which the landscape contracting business estimates the total maximum job charges for a single landscape job during the term of the license for the purpose of determining the correct bonding amount for that specific term of the license;

(h) Social security number of the owner of a sole proprietorship or partners in a general partnership (where the partners are human beings);

(i) Complete questions to Licensing and Litigation History and Criminal Background sections;

(j) State Tax Identification number, if applicable;

(k) Federal Employer ID Number (EIN), if applicable;

(l) Workers Compensation Information, if non-exempt; and

(j) Signature of owner, partner, joint venturer, corporate officer, member or trustee, signifying that the information provided in the application is true and correct.

(2) Application for a landscape contracting business license must be accompanied by:

(a) A non-refundable application fee;

(b) A required license fee;

(b) A properly executed surety bond, irrevocable letter of credit or deposit as required under ORS 671.690;

(c) A Certificate of Liability Insurance as required under ORS 671.565 for an amount not less than $100,000 listing the Landscape Contractors Board as the certificate holder;

(d) A Certificate of Completion of Owner/Managing Employee course from an approved course provider and proof of passing the Laws, Rules & Business Practice examination;

(e) Documentation of any unpaid court judgment, arbitration award or administrative agency final order entered or issued in any state that requires the applicant to pay damages arising out of the performance of, or a contract for, landscaping work issued on or after January 1, 2008, along with the status of any appeal or exceptions. For purposes of this rule and ORS 671.563, “applicant” has the same meaning as owner as defined in OAR 808-002-0734.

(e) Copies of the original and amended articles of incorporation for corporations, organizational filings for limited liability companies, and partnership agreements for partnerships; and

(f) A completed, signed and notarized Verification form (provided by the board) for every licensed landscape construction professional who is supervising work for the landscape contracting business as required in OAR 808-003-0018.

(g) A completed, signed and notarized Verification form (provided by the board) for the designated managing employee who is not an owner of the landscape contracting business.

(3) Application for a landscape construction professional license shall be on forms provided by the agency and shall be accompanied by:

(a) A non-refundable application fee;

(b) Verification of experience and/or transcripts or copies of completion certificates from courses of study;

(c) If applicable, name of employing licensed landscape contracting business or businesses;

(d) Documentation of any unpaid court judgment, arbitration award or administrative agency final order entered or issued in any state that requires the applicant to pay damages arising out of the performance of, or a contract for, landscaping work issued on or after January 1, 2008, along with the status of any appeal or exceptions. For purposes of this rule and ORS 671.563, “applicant” means the person applying for the individual landscape construction professional license;

(e) Complete questions to Licensing and Litigation History and Criminal Background sections;

(f) Social security number of the applicant;

(g) Mailing and physical address of the applicant; and

(h) Signature of applicant.

(4) Application for a probationary landscape construction professional license shall be on forms provided by the agency and shall be accompanied by:

(a) A non-refundable application fee,

(b) If applicable the name of the employing licensed landscape contracting business or businesses.

(c) Documentation of any unpaid court judgment, arbitration award or administrative agency final order entered or issued in any state that requires the applicant to pay damages arising out of the performance of, or a contract for, landscaping work issued on or after January 1, 2008, along with the status of any appeal or exceptions. For purposes of this rule and ORS 671.563, “applicant” means the person applying for the individual probationary landscape construction professional license;

(d) Complete questions to Licensing and Litigation History and Criminal Background sections;

(e) Social security number of the applicant;

(f) Mailing and physical address of the applicant; and

(g) Signature of applicant.

(5) If an applicant as defined in subsections (1), (3) and (4) of this rule has any unpaid damages as stated in subsections (1), (3) and (4) of this rule and there are no appeals or exceptions filed, the applicant must show current payments are being made. If payments are not being made, the Landscape Contractors Board may refuse to issue the license.

Stat. Auth.: ORS 183 & 671

Stats. Implemented: ORS 671.560, 671.563 & 671.565

Hist.: LC 3, f. & ef. 2-7-77; LC 3-1980, f. & ef. 2-5-80; LC 1-1984, f. & ef. 7-17-84; LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; Renumbered from 808-010-0015; LSCB 2-1997, f. & cert. ef. 11-3-97; LCB 3-1999, f. & cert. ef. 11-17-99; LCB 1-2003, f. 1-31-03, cert. ef. 2-1-03; LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04; LCB 4-2005, f. & cert. ef. 10-5-05; LCB 6-2005, f. 12-30-05, cert. ef. 1-1-06; LCCB 3-2007, f. & cert. ef. 8-1-07; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08; LCB 9-2007, f. 12-24-07, cert. ef. 1-1-08; LCB 3-2008, f. & cert. ef. 4-11-08; LCB 10-2008, f. & cert. ef. 11-6-08; LCB 10-2011, f. 7-26-11, cert. ef. 8-1-11

808-005-0020

Schedule of Civil Penalties

Sections 1-4, 21 & 22 may be adjusted per the terms of a settlement agreement for the first offense:

(1) Operating as a landscape contracting business in violation of ORS 671.530(1) or (3):

(a) if the value of the work is $500 or less; $500; and

(b) if the value of the work is more than $500; $1,000

(2) Operating as a landscape contracting business in violation of ORS 671.530(1) or (3), when a claim has been filed for damages arising out of that work, $2,000.

(3) Operating as a landscape construction professional in violation of ORS 671.530(1), $1,000.

(4) Advertising in violation of ORS 671.530(2), (4), or (5):

(a) $500 for the first offense; and

(b) $1,000 for subsequent offenses occurring after action taken on first offense.

(5) Advertising for landscaping work outside the scope of the landscape contracting business license in violation of OAR 808-003-0040:

(a) $500 for the first offense; and

(b) $1,000 for subsequent offenses occurring after action taken on first offense.

(6) Operating as a landscape contracting business in violation of ORS 671.530(1) or (3) when one or more previous violations have occurred after action taken on first offense, $2,000.

(7) Operating as a landscaping contracting business without having at least one owner or employee who is a licensed landscape construction professional licensed within the phase of work performed, in violation of OAR 808-003-0040 and 808-003-0045:

(a) $500 for the first offense; and 

(b) $1,000 for subsequent offenses occurring after action taken on first offense.

(8) Performing landscaping work while not subject to a written contract or failing to comply with minimum contract standards, in violation of ORS 671.625(2) and OAR 808-002-0020:

(a) $200 for the first offense; and

(b) $500 for subsequent offenses occurring after action taken on first offense.

(9) Failure to include the license number in all written advertising, in violation of OAR 808-003-0010:

(a) $200 for the first offense; and

(b) $500 for subsequent offenses occurring after action taken on first offense.

(10) Performing work outside the scope of the landscape contracting business license in violation of OAR 808-003-0040:

(a) $500 for the first offense; and

(b) $1,000 for subsequent offenses occurring after action taken on first offense.

(11) Installation of an irrigation backflow assembly or tapping into the potable water supply in violation of a written agreement with the Board as provided in OAR 808-003-0040, $1,000 and suspension of the license until Backflow Prevention license is obtained.

(12) Failure to maintain the insurance required by ORS 671.565 or bond or other board accepted surety as required by ORS 671.690 in effect continuously throughout the license period:

(a) $200 for the first offense; and

(b) $500 for subsequent offenses occurring after action taken on first offense.

(13) Failure to conform to information provided on the application in violation of ORS 671.510 to 671.710:

(a) $500 for the first offense and suspension of the license until the applicant provides the agency with proof of compliance with the statutes and rules; and

(b) $1,000 for subsequent offenses occurring after action taken on first offense and suspension of the license until the applicant provides the agency with proof of compliance with the statutes and rules.

(14) Failure to comply with any part of ORS Chapters 316, 656, 657, and 671, as authorized by ORS 671.510 to 671.710:

(a) $500 for the first offense and suspension of the license until the licensee provides the agency with proof of conformance; and

(b) $1,000 for subsequent offenses occurring after action taken on first offense and suspension of the license until the licensee provides the agency with proof of conformance.

(15) Violating an order to stop work as authorized by ORS 671.510 to 671.710, $1,000 per day.

(16) Failure to obtain a permit to tap into a potable water supply prior to the installation of an irrigation backflow assembly or failure to comply with applicable plumbing code requirements as required by OAR 808-003-0040(5)(a):

(a) $200 for the first offense; and

(b) $500 for subsequent offenses occurring after action taken on first offense.

(17) Failure to obtain the appropriate building code permit(s):

(a) $200 for the first offense; and

(b) $500 for subsequent offenses occurring after action taken on first offense.

(18) When as set forth in ORS 671.610(5), the number of licensed landscape contracting businesses working together on the same task on the same job site, where one of the businesses is licensed exempt under ORS 671.525(2)(b), exceeded two sole proprietors, one partnership, one corporation, or one limited liability company, penalties shall be imposed on each of the persons to whom the contract is awarded and each of the persons who award the contract, as follows:

(a) $1,000 for the first offense;

(b) $2,000 for the second offense;

(c) Six month suspension of the license for the third offense; and

(d) Three-year revocation of license for a fourth offense.

(19) Failure of a landscape contracting business to notify the board of a change in the landscaping business’ phase of license as required by OAR 808-003-0125:

(a) $200 for the first offense; and

(b) $500 for subsequent offenses occurring after action taken on first offense.

(20) Failure by the landscape construction professional to comply with the supervisory responsibilities as required by OAR 808-003-0018;

(a) $200 for the first offense;

(b) $500 for the second offense occurring after action taken on first offense; and

(c) $1,000 and six month suspension of the license for the third offense.

(21) Failure of the landscape construction professional to notify the Landscape Contractors Board of a change of address or employment in writing or on line at the LCB website as required by ORS 671.603 and OAR 808-003-0125:

(a) $200 for the first offense; and

(b) $500 for subsequent offenses occurring after action taken on first offense.

(22) Failure of a landscape contracting business to notify the board of a change in address in writing or on line at the LCB website as required by ORS 671.603:

(a) $200 for the first offense; and

(b) $500 for subsequent offenses occurring after action taken on first offense.

(23) Failure of a landscape contracting business to require the landscape construction professional to directly supervise unlicensed employees of the landscaping business performing landscaping work that is related to the landscape construction professional phase of license:

(a) $200 for the first offense; and

(b) $500 for subsequent offenses occurring after action taken on first offense.

(24) Failure of a landscape contracting business to obtain the correct amount of surety bond or irrevocable letter of credit, as required by ORS 671.690(1):

(a) $500 for the first offense and immediate suspension per ORS 671.610(2) until the proper bond is received in the State Landscape Contractors Board office;

(b) $1,000 for the second offense occurring after action taken on the first offense and immediate suspension per ORS 671.610(2) until the proper bond is received in the State Landscape Contractors Board office.

(25)Failure to notify the LCB of a new business name (including any new assumed business name) or, in the case of a sole proprietor, any personal surname under which the business is conducted, in violation of OAR 808-003-0020:

(a) $200 for first offense; and

(b) $500 for subsequent offenses occurring after action taken on first offense.

(26) Failure to respond to the continuing education audit as required under OAR 808-040-0060(3):

(a) For the first offense:

(A) $200; and

(B) Suspension of the license until the CEH documentation is received by the agency. For purposes of subsection 26(a) only, if the CEH documentation as required by OAR 808-040-0060(3) is received by the agency on or before the 21st day after the date of the contested case notice, the contested case will be withdrawn without prejudice.

(b) For subsequent offenses occurring after action taken on the first offense:

(A) $500; and

(B) Suspension of the license until the CEH documentation is received by the agency.

(27) Failure to submit complete documentation as required under OAR 808-040-0060(3), (4), (5) or (6):

(a) For the first offense:

(A) $200; and

(B) Suspension of the license until the CEH documentation is received by the agency. For purposes of subsection 27(a) only, if the CEH documentation as required by OAR 808-040-0060(3), (4), (5) or (6) is received by the agency on or before the 21st day after the date of the contested case notice, the contested case will be withdrawn without prejudice.

(b) For subsequent offenses occurring after action taken on the first offense:

(A) $500; and

(B) Suspension of the license until the CEH documentation is received by the agency.

(28) Failure to complete the continuing education hours by the deadline as required under OAR 808-040-0020(1):

(a) For the first offense, $200; and

(b) For subsequent offenses occurring after action taken on the first offense, $500.

(29) Failure to comply with any part of OAR Chapter 808:

(a) $500 for the first offense and suspension of the license until the licensee provides the agency with proof of conformance; and

(b) $1,000 for subsequent offenses occurring after action taken on first offense and suspension of the license until the licensee provides the agency with proof of conformance.

(30) Failure of a managing employee to notify the board when the managing employee ceases to act as the managing employee in violation of OAR 808-030-0015:

(a) $200 for the first offense; and

(b) $500 for subsequent offenses occurring after action taken on first offense.

(31) Failure of a managing owner to notify the board when the managing owner ceases to act as the managing owner in violation of OAR 808-030-0018:

(a) $200 for the first offense; and

(b) $500 for subsequent offenses occurring after action taken on first offense.

(32) Failure of a landscape contracting business to notify the board when the managing owner or managing employee ceases to act as the managing owner or managing employee in violation of OAR 808-003-0125(5):

(a) $200 for the first offense; and

(b) $500 for subsequent offenses occurring after action taken on first offense.

Stat. Auth.: ORS 183.310 - 183.500, 670.310 & 671.670

Stats. Implemented: ORS 671.997

Hist.: LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; LCB 2-1990, f. 7-27-90, cert. ef. 8-1-90; LCB 2-1991(Temp), f. 9-27-91, cert. ef. 9-29-91; LCB 1-1992, f. 1-27-92, cert. ef. 2-1-92; LCB 2-1992, f. 7-14-92, cert. ef. 7-15-92; LSCB 2-1994, f. 11-8-94, cert. ef. 11-15-94; LSCB 2-1995, f. 8-8-95, cert. ef. 8-15-95; LSCB 2-1997, f. & cert. ef. 11-3-97; LCB 4-2002, f. & cert. ef. 12-4-02; LCB 4-2003, f. 5-27-03, cert. ef. 6-1-03; LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04; LCB 2-2005, f. & cert. ef. 4-5-05; LCB 6-2005, f. 12-30-05, cert. ef. 1-1-06; LCCB 3-2007, f. & cert. ef. 8-1-07; 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 10-2008, f. & cert. ef. 11-6-08; LCB 1-2010, f. & cert. ef. 1-27-10; LCB 3-2010, f. & cert. ef. 6-1-10; LCB 7-2010, f. & cert. ef. 10-25-10; LCB 10-2011, f. 7-26-11, cert. ef. 8-1-11

808-030-0010

Owner/Managing Employee

(1) As used in these rules, a managing employee has that meaning as provided in OAR 808-002-0625 and owner has the meaning as provided in 808-002-0734

(2) Upon initial application, an applicant for a landscape contracting business license shall designate at least one managing employee or owner and provide evidence that this individual has completed the course and passed the test as provided for in ORS 671.595.

(3) An employee who is not an owner may not be designated as the managing employee of more than one landscape contracting business.

Stat. Auth.: ORS 670.310, 671.670

Stats. Implemented: 2007 OL Ch. 249

Hist.: LCB 5-2007, f. 12-24-07, cert. ef. 1-1-08; LCB 2-2008, f. & cert. ef. 6-2-08; LCB 10-2011, f. 7-26-11, cert. ef. 8-1-11

808-030-0015

Managing Employee Requirements

(1) An employee that is designated as the managing employee of a landscape contracting business must:

(a) Be a employee of the landscape contracting business.

(b) Manages the day to day activities of the landscape operations of the landscape contracting business which would include but not be limited to:

(A) Planning, bidding and offering landscaping work,

(B) Writing and signing contracts for landscaping work,

(C) Hiring and firing of employees who perform landscaping work,

(D) Signing of checks for payments of labor or materials associated with landscaping work, and

(E) Organizing, scheduling, monitoring and evaluating the performance of landscaping work

(2) In the event a designated managing employee no longer is employed by or fulfills the role of managing employee for a landscape contracting business the managing employee must notify the board within 10 days of the change in employment or role. ORS 671.595(1)(a)(B)

Stat. Auth.: ORS 670.310, 671.670

Stats. Implemented: ORS 671.560, 671.595, 671.997

Hist.; LCB 10-2011, f. 7-26-11, cert. ef. 8-1-11

808-030-0018

Managing Owner Requirements

An owner that is designated as the managing owner of a landscape contracting business must manage the day to day activities of the landscape operations of the landscape contracting business which would include but not be limited to:

(1) Planning, bidding and offering landscaping work,

(2) Writing and signing contracts for landscaping work,

(3) Hiring and firing of employees who perform landscaping work,

(4) Signing of checks for payments of labor or materials associated with landscaping work, and

(5) Organizing, scheduling, monitoring and evaluating the performance of landscaping work

(6) In the event a designated managing owner no longer fulfills the role of managing owner for a landscape contracting business the managing owner must notify the board within 10 days of the change in role. ORS 671.595(1)(b)(B)

Stat. Auth.: ORS 670.310, 671.670

Stats. Implemented: ORS 671.560, 671.595, 671.997

Hist.; LCB 10-2011, f. 7-26-11, cert. ef. 8-1-11

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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