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The Oregon Administrative Rules contain OARs filed through April 15, 2017
 
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LANDSCAPE ARCHITECT BOARD

 

DIVISION 3

DEFINITIONS

804-003-0000

Definitions

The definitions of terms used in ORS 671.310 to 671.459, and the rules of this chapter are:

(1) "Assumed or Fictitious Name" — A false name taken as one's own.

(2) “Business” — A sole proprietorship, association of persons, corporation, limited liability company, partnership, or other entity that provides landscape architecture services in Oregon.

(3) "Deceit" — An attempt to portray as true or valid something that is untrue or invalid.

(4) “Delinquent” — Status of registration for a registrant who fails to renew on or before the renewal date where the registration is not yet deemed lapsed.

(5) “Direct Supervision” — For purposes of chapter 804 divisions 10, 20, 22, 27 and 50, this is supervision provided by a licensed or registered Landscape Architect to a candidate or applicant for either examination or registration, including a Landscape Architect-in-Training. The supervising Landscape Architect must provide oversight, inspection, control, and direction regarding the services and work being performed by the candidate or applicant. This means the supervisor must:

(a) Be located in close proximity to or be readily accessible to the candidate or applicant;

(b) Be in frequent communication with the candidate or applicant;

(c) Ensure communications with the candidate or applicant are responsive and include face-to-face, e-mail, telephone, internet and other similar forms of direct communication; and

(d) Take responsibility for the services or work done by the candidate or applicant including but not limited to sealing and signing documents when required. The primary goals of direct supervision are to assure that the candidate or applicant understands and is performing services and work within the professional standard of practice and to ensure that public health, safety, and welfare are protected.

(6) "Emeritus" — A type of inactive registration where the individual is retired from practice but retains an honorary title corresponding to that held immediately before retirement.

(7) "Employing" — Hiring a person, not an independent contractor, for compensation.

(8) "Fraud" — Intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right.

(9) "Grossly Negligent" — Reckless and wanton disregard for exercising care and caution.

(10) "Impersonate" — To assume, without authority or with fraudulent intent, the identity of another person.

(11) “Inactive” — A non-practice registration status that a registrant in good standing may request by submitting a written request and statement of non-practice to the Board before or on the registration renewal deadline.

(12) “In Good Standing” — For purposes of ORS 671.376(4) and OAR 804-022-0025(1), ‘in good standing’ means that the registrant when making the request for inactive status has a current active unrestricted registration; is in compliance with all requirements for registration including, but not limited to, payment of all required fees and compliance with all continuing education requirements; and is not the subject of a pending board investigation or action or the subject of a board order.

(13) “Lapsed” — Status of registration when not renewed within 60 days of the annual renewal date for an individual registration or within 30 days of the annual renewal date for a business registration.

(14) Late Fee — A fee assessed when a payment is received after the date due.

(15) "Material Misrepresentation" — An untrue statement that is significant under the circumstances.

(16) "Renewal of Registration" — To annually maintain the current status of a valid (active) registration or to bring a delinquent certificate of registration to current, valid (active) status.

(17) “Responsible Charge” — Having control over or responsibility for landscape architecture services provided directly or by others under the supervision of the Registered Landscape Architect. Responsible charge includes but is not limited to the Registered Landscape Architect being responsible for one or more of the following landscape architecture services performed or provided:

(a) The manner, method, or quality controls of practice;

(b) Ensuring minimum acceptable standards of practice are followed;

(c) Preparing or reviewing designs, calculations, plans, site assessments, maps or other documents with the authority to make final decisions in regards thereto;

(d) Identifying deficiencies found in, correcting errors contained in, or making other changes to designs, calculations, plans, site assessments, maps or other documents;

(e) When providing supervision, being readily accessible to the person(s) being supervised either by being located in close proximity to the person(s) supervised or by being in frequent, immediate and responsive contact with the person(s);

(f) Providing construction observation where authorized or requested by the client; and

(g) Stamping and signing final work products where required under ORS 671.310 to 671.459 and OAR chapter 804.

(18) “Seal” — To use the Registered Landscape Architect’s stamp obtained pursuant to ORS 671.379(1).

(19) “Year” — For purposes of qualifying work experience for examination or registration, a year is calculated as one calendar year for full-time work (i.e., 40 hours per week on average) with part-time work prorated (i.e., a year of experience takes two calendar years to acquire at 20 hours per week on average) or the equivalent of 2,000 total hours worked.

Stat. Auth.: ORS 183.335(5), 670.310, 671.415
Stats. Implemented: 671.310–459
Hist.: LAB 1-1984, f. & ef. 1-5-84; LAB 1-1985, f. & ef. 7-1-85; LAB 2-1986, f. & ef. 3-5-86; LAB 1-1989, f. 4-4-89, cert. ef. 4-7-89; LAB 1-2005, f. & cert. ef. 2-14-05; LAB 3-2006, f. & cert. ef. 8-14-06; LAB 1-2010, f. & cert. ef. 2-17-10; LAB 2-2010, f. & cert. ef. 10-19-10; LAB 2-2013(Temp), f. & cert. ef. 6-20-13 thru 12-17-13; LAB 5-2013, f. & cert. ef. 12-12-13; LAB 1-2014, f. & cert. ef. 11-19-14; LAB 1-2017, f. & cert. ef. 2-10-17

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