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.
Pursuant to the provisions of ORS 182.462, following a public hearing held May 6, 2011, the Board adopts by reference the Oregon Landscape Architects Board 2011-2013 biennial budget of $341,035 covering the period July 1, 2011, through June 30, 2013. The Board Administrator, with the approval of the Board, will amend budgeted accounts as necessary, within the approved budget of $341,035, 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 & 1999 OL Ch. 1084
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
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
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
Charges for Copies and Documents
(1) All requests shall be submitted in writing for copies of public records pertaining to the State Landscape Architect Board and available at the Board's office.
(2) Charges for copies may be assessed as follows:
(a) For copies requested by other state agencies and by general public: $0.25 per copy;
(b) For copies an additional amount shall be set at the discretion of the administrator for staff time required for search, handling, copying, and delivery.