The Oregon Administrative Rules contain OARs filed through October 15, 2015







Notice Rule

Before adoption, amendment or repeal of any rule, the State Landscape Architect Board shall give notice of the intended action:

(1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date of the intended action.

(2) By mailing a copy of the notice to persons on the State Landscape Architect Board mailing list, established under ORS 183.335(7), at least 28 days before effective date of the rule.

(3) By mailing or furnishing a copy of the notice to:

(a) Oregon Chapter of the American Society of Landscape Architects;

(b) Capitol Press Room.

Stat. Auth.: ORS 183 & ORS 671
Stats. Implemented: ORS 183.333 & ORS 671.415
Hist.: LAB 2-1982, f. & ef. 6-24-82; LAB 1-1984, f. & ef. 1-5-84; LAB 2-1998, f. & cert. ef. 4-22-98


Biennial Budget

Pursuant to the provisions of ORS 182.462, following a public hearing held April 21, 2015, the Board adopts by reference the Oregon State Landscape Architects Board 2015–2017 biennial budget of $428,103 covering the period July 1, 2015, through June 30, 2017. The Board Administrator, with the approval of the Board, will amend budgeted accounts as necessary, within the approved budget of $428,103, for the effective operation of the Board. The Board will not exceed the approved budget amount without amending this rule, notifying all registrants, and holding a public hearing. Copies of the budget are available from the Board’s office.

Stat. Auth.: ORS 671.415, 182.462 & 670.310
Stats. Implemented: ORS 671.415 & 182.462 804-001-0002
Hist.: LAB 1-1997(Temp), f. & cert. ef. 9-3-97; LAB 1-1998, f. & cert. ef. 2-5-98; LAB 1-2001 (Temp), f. 12-24-01 cert. ef. 1-1-02 thru 5-1-02; Administrative correction 12-2-02; LAB 1-2005, f. & cert. ef. 2-14-05; LAB 2-2005, f. & cert. ef. 5-18-05; LAB 2-2007, f. 5-22-07, cert. ef. 7-1-07; LAB 1-2009, f. 6-15-09, cert. ef. 7-1-09; LAB 1-2011, f. 5-31-11, cert. ef. 7-1-11; LAB 1-2013, f. 6-3-13, cert. ef. 7-1-13; LAB 1-2015, f. 5-22-15, cert. ef. 7-1-15



Model Rules of Procedure

The Attorney General's Model Rules of Procedure under the Administrative Procedures Act, in effect on February 1, 2012, are adopted as the rules of procedure for the State Landscape Architect Board.

Stat. Auth.: ORS 183, 671.310 - 671.459
Stats. Implemented: ORS 671.415
Hist.: LAB 2-1982, f. & ef. 6-24-82; LAB 1-1984, f. & ef. 1-5-84; LAB 2-1986, f. & ef. 3-5-86; LAB 1-1989, f. 4-4-89, cert. ef. 4-7-89; LAB 3-2006, f. & cert. ef. 8-14-06; LAB 4-2008, f. & cert. ef. 11-7-08; LAB 2-2012, f. & cert. ef. 5-23-12


Selection of Board Members

(1) Appointment of Board Members:

(a) A vacancy exists when a board member completes the term for that position, resigns, becomes incapacitated, or otherwise is incapable of performing the duties of a board member, or is removed from office or is not reappointed by the Governor prior to the expiration of the member's current term.

(b) A vacancy does not exist when an actively sitting board member completes the member's first or second full or partial term, so long as the member is reappointed by the Governor to a second or third term. A member who is eligible for reappointment to a second or third term shall give the board and the Governor written notice of intention to seek reappointment before the expiration of the member's term.

(2) Qualifications for Licensee Membership on the Board:

(a) A licensee is qualified to seek nomination for board membership if the licensee is registered by the board; has practiced as a registered landscape architect for a minimum of five years, and has lived in the State of Oregon for a least three years preceding appointment to the board.

(b) A licensee is not qualified for nomination to board membership if the licensee has been convicted, plead guilty, or plead nolo contendere to any criminal charge if the relationship of the facts which support the charge and all intervening circumstances tend to show that the licensee is not fit to hold the position, in the discretion of the board.

(c) A licensee is not qualified for nomination to board membership if the licensee, within the previous five years, has been disciplined by the board for a violation of ORS Chapter 671 or the rules adopted by the board.

Stat. Auth.: ORS 671.415
Stats. Implemented: 1997 SB 546
Hist.: LAB 3-1998, f. & cert. ef. 5-20-98 Suspended by LAB 1-2001(Temp), f. 12-24-01 cert. ef. 1-1-02 thru 5-1-02; LAB 1-2005, f. & cert. ef. 2-14-05; LAB 3-2006, f. & cert. ef. 8-14-06


Election of Officers

The board may elect a Chair, Vice Chair and Treasurer once a year at the first board meeting held after July 1. The new Chair, Vice-Chair and Treasurer's terms will begin at the end of the meeting at which they are elected.

Stat. Auth.: ORS 183 & 671
Stats. Implemented: ORS 671.459
Hist.: LAB 1-1984, f. & ef. 1-5-84; Renumbered from 804-030-0025; LAB 2-1998, f. & cert. ef. 4-22-98; LAB 1-2001 (Temp), f. 12-24-01 cert. ef. 1-1-02 thru 5-1-02; Administrative correction 12-2-02; LAB 1-2005, f. & cert. ef. 2-14-05


Public Records Requests

(1) All requests for copies of public records in the custody of the Oregon State Landscape Architect Board (Board) shall be made in writing to the Board Administrator. Written requests may be delivered in person, by mail, by fax or by email. All requests are subject to disclosure according to the Public Records Law.

(2) A public records request may be submitted on a request form provided by the Board. If the form is not used, the requestor must include the following information in the request:

(a) The name and address of the person requesting the public record;

(b) The telephone number, email address, and other relevant contact information for the person requesting the public record;

(c) A sufficiently detailed description of the records requested to allow the Board to search for and identify the responsive records;

(d) The date the request is submitted to the Board;

(e) Statement as to whether the person making the request wants to inspect any responsive, non- exempt records at the Board office or to receive copies of the records, and

(f) Signature of the person making the request if the request is not made by email.

(3) A reasonable period of time shall be allowed for the staff to locate and assemble the non- exempt public records responsive to the request. The regular discharge of duties of the Board will neither be interrupted nor substantially interfered with because of time and effort required to respond to the request.

(4) The Board charges fees for responding to public records requests which are reasonably calculated to cover costs of the response and records provided. Fees are designed to cover the cost of locating, reviewing, compiling, making available for inspection, preparing copies, and delivering the response and public records. Fees are as follows:

(a) Twenty-five (25) cents per page for photocopies, where a double-sided copy equals two (2) pages;

(b) One (1) dollar for the first page faxed and fifty (50) cents for each additional page, limited to a 20-page maximum, not including the cover page;

(c) At the Board Administrator’s discretion, copies of public records may be provided electronically if stored in the Board’s computer system. Electronic records may be provided by email or by other means as deemed appropriate by the Board Administrator. Due to the potential threat of computer viruses, the agency will not permit requestors to provide disks, USB drives, or other electronic devices for reproduction of electronic records;

(A) The cost of records transmitted by email is five (5) dollars per email, except when (6) of this rule applies, and may contain as much information as the Board email system will handle per email.

(B) The cost of records transmitted by other electronic means is five (5) dollars per device and may contain as much information as the electronic device will hold.

(d) Estimated cost for delivery of records such as postage and courier fees; and

(e) Labor charges that include researching, locating, reviewing, compiling, editing and otherwise processing information and records responsive to the request:

(A) No charge for the first fifteen (15) minutes of staff time;

(B) After the first fifteen (15) minutes, the staff labor rate is twenty-five (25) dollars per hour, with a six dollars twenty-five cents (6.25) minimum;

(C) Actual attorney and other legal fees and costs charged to the Board for review of the request, records, redacting confidential materials from the public records, segregating the public records into exempt and nonexempt records, and response.

(f) If fees are estimated to be more than twenty-five (25) dollars, the requestor will be provided a written cost estimate by Board staff before the Board responds to the request. The requestor must then confirm to the Board in writing that the requestor wants the Board to proceed with making the records available and understands the estimated fees. The Board will not take further action on the request prior to receiving such confirmation from the requestor.

(5) Fees for public records requests must be paid as follows:

(a) Before the requested public records will be made available for inspection or copies provided. The Board Administrator may require pre-payment of estimated fees before taking further action on a request.

(b) By check, money order, or any credit card accepted by the Board office.

(c) If payment is rejected by the bank or credit card company, the requesting party will be notified and be responsible for any charges incurred by the Board as a result of the rejected payment. This is in addition to the fees for response to the request.

(6) The Board Administrator may waive or reduce fees for:

(a) Responses to requests that can be provided with less than 15 minutes of staff time and in electronic format via email delivery; or

(b) Responses to requests that the Board Administrator determines are in the public interest because making the public records available primarily benefit the general public or Board registrants.

Stat. Auth. ORS 192.430, 192.440, 192.502, 192.505, 182.466, 670.310
Stat. Implemented. ORS 192.430, 192.440, 192.502, 192.505
Hist.: LAB 1-1984, f. & ef. 1-5-84; LAB 1-1989, f. 4-4-89, cert. ef. 4-7-89; LAB 1-1998, f. & cert. ef. 2-5-98; LAB 2-2015, f. 8-17-15, cert. ef. 9-1-15

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use