Oregon Bulletin
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.
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