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Oregon Bulletin

November 1, 2013

Landscape Contractors Board, Chapter 808

Rule Caption: Removing actions that are not consistent with the definition of Dishonest or Fraudulent Conduct

Adm. Order No.: LCB 4-2013

Filed with Sec. of State: 9-30-2013

Certified to be Effective: 10-1-13

Notice Publication Date: 5-1-2013

Rules Amended: 808-002-0330

Subject: Removing actions that are not consistent with the definition of Dishonest or Fraudulent Conduct

Rules Coordinator: Kim Gladwill-Rowley—(503) 967-6291, ext. 223

808-002-0330

Dishonest or Fraudulent Conduct

“Dishonest or fraudulent conduct,” as used in ORS 671.610(1)(q), includes, but is not limited to, the following:

(1) Failing to pay monies when due for materials or services rendered in connection with the applicant’s or licensee’s operations as a landscape contracting business when the applicant or licensee has received sufficient funds as payment for the particular landscaping project or operation for which the services or materials were rendered or purchased; or

(2) Accepting payment in advance on a contract or agreement and failing to perform the work or provide the services required by the contract or agreement in a diligent manner and failing to return payment for unperformed work, upon reasonable and proper demand, within ten days of demand; or

(3) Displaying to the public false, misleading, or deceptive advertising whereby a reasonable person could be misled or injured; or

(4) Failing to pay minimum wages or overtime wages as required under state or federal law; or

(5) Failing to comply with the state Prevailing Wage Rate Law, ORS 279.348 to 279.380; or

(6) Failing to comply with the federal Davis-Bacon and related acts when the terms of the contract require such compliance; or

(7) Failing to pay wages as determined by the Bureau of Labor and Industries, Wage and Hour Division; or

(8) Presenting for payment to the board a check that subsequently is returned to the agency due to non-sufficient funds or closure of the account; or

(9) Misrepresenting the employment relationship between a landscape contracting business and a landscape construction professional.

Stat. Auth.: ORS 670.310 & 671.670

Stats. Implemented: ORS 671.610(1)(q)

Hist.: LCB 6-2005, f. 12-30-05, cert. ef. 1-1-06; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08; LCB 4-2013, f. 9-30-13 cert. ef. 10-1-13


Rule Caption: Increases amount of landscaping work a general contractor may perform from $3,400 to $3,800.

Adm. Order No.: LCB 5-2013

Filed with Sec. of State: 9-30-2013

Certified to be Effective: 10-1-13

Notice Publication Date: 5-1-2013

Rules Amended: 808-003-0210

Subject: Increases amount of landscaping work a general contractor may perform from $3,400 to $3,800.

Rules Coordinator: Kim Gladwill-Rowley—(503) 967-6291, ext. 223

808-003-0210

Value of Landscaping Work Performed by a Residential General Contractor

A general contractor licensed under ORS 701 who meets the exemption listed in 671.540(1)(h) may perform landscaping work if the total value of the landscaping work is:

(1) $3,000 if the landscaping work was completed September 1, 2003 and before September 1, 2008;

(2) $3,400 if the landscaping work was completed on September 1, 2008 and before September 1, 2013; or

(3) $3,800 if the landscaping work was completed on or after September 1, 2013.

Stat. Auth.: ORS 670.310 & 671.670

Stats. Implemented: ORS 671.540

Hist.: LCB 5-2003, f. & cert. ef. 8-1-03; LCB 10-2008, f. & cert. ef. 11-6-08; LCB 12-2009, f. 12-23-09, cert. ef. 1-1-10; LCB 5-2013, f. 9-30-13, cert. ef. 10-1-13

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, 2012.

2.) Copyright 2013 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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