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

 

DIVISION 35

CERTIFICATE OF AUTHORIZATION

804-035-0000

Business Registration Purpose

The rules in Division 35 implement ORS 671.318 by setting forth registration requirements for businesses providing landscape architecture services in Oregon.

Stat. Auth.: ORS 671.318, 671.415
Stats. Implemented: ORS 671.318
Hist.: LAB 1-2017, f. & cert. ef. 2-10-17

804-035-0010

Business Registration for Business Providing Landscape Architecture Services

(1) A business as defined at OAR 804-003-0000(2) is required to obtain and maintain an active business registration from the Board.

(a) A business must hold a separate business registration for each office of the business from which landscape architecture services are provided in Oregon.

(2) A business that intends to provide landscape architecture services in Oregon may apply for a business registration.

(3) Each business or business office providing landscape architectural services in Oregon must meet the following requirements:

(a) For purposes of ORS 671.318 and Division 35, an "owner or officer" of the business means an individual owning, operating, or employed by the business and having full authority, accountability, and responsibility on behalf of the business to enter into contracts for provision of landscape architectural services in Oregon, to directly provide such services, and to otherwise make decisions regarding the execution and outcome of such services.

(A) At least one “owner or officer” must be a Registered Landscape Architect holding an active registration and in good standing with the Board and who is in responsible charge of the landscape architecture services of the business.

(b) Each business must designate at least one Registered Landscape Architect holding an active registration and in good standing with the Board as being in responsible charge of the landscape architectural services provided in Oregon by the business. In the case of a business with multiple office locations, each office that, regardless of its physical location, is providing landscape architectural services in Oregon must have a designated Registered Landscape Architect in responsible charge of the services provided from that office.

(A) All professional documents issued by the business that are required to be stamped under ORS 671.310 to 671.459 or OAR chapter 804 shall bear the stamp and signature of a Registered Landscape Architect designated as in responsible charge under the business registration on file with the Board. Such professional documents shall also bear the name of the business.

(B) More than one Registered Landscape Architect may be designated as in responsible charge of landscape architecture services provided through a business or business office;

(C) An individual Registered Landscape Architect may be designated as in responsible charge of more than one office of a business provided that the Registered Landscape Architect is able to adequately supervise the landscape architecture services provided in Oregon;

(D) An individual Registered Landscape Architect stamping and signing documents must maintain, and make available to the Board upon request, adequate records to demonstrate the nature and extent of the supervision and control over, and detailed knowledge of, the work stamped and signed;

(E) Each Registered Landscape Architect designated as being in responsible charge of landscape architectural services provided by a business must have a Statement of Responsibility with current and accurate information on file with the Board; and

(4) Each business holding a business registration must notify the Board in writing within 30 days of any change in:

(a) Business name, including any assumed, fictitious, trading as or doing business as names the business uses.

(b) Business contact information such as physical and mailing addresses, preferred email address and phone number.

(c) Business status, including closure, opening or other change in business office locations and changes in business owners or officers.

(d) Registered Landscape Architect designated as being in responsible charge of the landscape architectural services provided in Oregon by the business or business office.

(5) When a business holding an active business registration changes its name during a renewal period, a new business registration is not required. However, the Board will assign a new business registration number to the business under the new name.

(6) A business registration issued by the Board must be displayed at the place of business where the public visiting the office can readily view it.

Stat. Auth.: ORS 671.318, 671.415
Stats. Implemented: ORS 671.318
Hist.: LAB 2-1984, f. & ef. 5-1-84; 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; LAB 2-2006, f. & cert. ef. 6-26-06, Renumbered from 804-030-0011; LAB 2-2008, f. & cert. ef. 3-20-08; LAB 1-2010, f. & cert. ef. 2-17-10; LAB 2-2010, f. & cert. ef. 10-19-10; LAB 1-2017, f. & cert. ef. 2-10-17

804-035-0020

Application for Business Registration

(1) A business must submit an application for a business registration to the Board, accompanied by the appropriate fees as set in OAR 804-040-0000.

(2) The application must be on forms prescribed by the Board and will contain the following information:

(a) Business name, including any assumed, fictitious, trading as or doing business as names the business uses;

(b) Contact information for the business or office of the business:

(A) Physical address;

(B) Mailing address;

(C) Preferred email address; and

(D) Phone number.

(c) Listing of other business offices in Oregon and whether landscape architectural services are provided from those offices, and where applicable, Board business registration numbers for those offices;

(d) Contact information for each Registered Landscape Architect designated as being in responsible charge of the landscape architectural services provided in Oregon by the business or business office.

(e) Signed Statement of Responsibility from each Registered Landscape Architect designated as being in responsible charge.

Stat. Auth.: ORS 671.318, 671.415
Stats. Implemented: ORS 671.318
Hist.: LAB 2-1984, f. & ef. 5-1-84; 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; LAB 2-2006, f. & cert. ef. 6-26-06, Renumbered from 804-030-0011; LAB 1-2010, f. & cert. ef. 2-17-10; LAB 2-2010, f. & cert. ef. 10-19-10; LAB 1-2017, f. & cert. ef. 2-10-17

804-035-0030

Issuance, Renewal and Expiration of Business Registration

(1) Upon satisfactory completion of requirements, the Board may issue a new business registration for a business. The registration is subject to annual renewal unless earlier revoked, suspended, or surrendered.

(a) the initial date of registration will be the date the application was approved; and

(b) The annual registration renewal date is the last calendar day of the month of the initial date of registration.

(2) A business may renew a registration by submitting a complete renewal including applicable fees:

(a) On or before the registration renewal date or within 30 days (one month) of the registration renewal date without payment of a late fee; or

(b) More than 30 days (one month) after the registration renewal date with payment of a late fee and upon meeting reinstatement requirements as provided in OAR 804-035-0035.

(3) A business registration that is not renewed timely expires one year from when the registration became delinquent.

Stat. Auth.: ORS 671.318, 671.415
Stats. Implemented: ORS 671.318
Hist.: LAB 2-1984, f. & ef. 5-1-84; 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; LAB 2-2006, f. & cert. ef. 6-26-06, Renumbered from 804-030-0011; LAB 1-2010, f. & cert. ef. 2-17-10; LAB 1-2017, f. & cert. ef. 2-10-17

804-035-0035

Reinstatement of Expired Business Registration

(1) A business registration that was not renewed within 30 days (one month) of the annual registration renewal date may be reinstated under the following conditions:

(a) The business submits a written request to the Board for reinstatement explaining the reason for failing to renew within 30 days (one month) of the annual registration renewal date; and

(b) The reinstatement request is submitted within one year of when the registration first became delinquent. A business registration expires and cannot be renewed after this time.

(2) The business must also submit the following for reinstatement:

(a) Any additional information the Board may request for purposes of considering the request for reinstatement;

(b) Payment of the current annual renewal fee;

(c) Payment of any delinquent annual renewal fees; and

(d) Payment of late fees.

Stat. Auth.: ORS 671.318, 671.415
Stats. Implemented: ORS 671.318
Hist.: LAB 2-2006, f. & cert. ef. 6-26-06; LAB 2-2010, f. & cert. ef. 10-19-10; LAB 1-2017, f. & cert. ef. 2-10-17

804-035-0040

Revocation, Suspension, or Non-Renewal of Business Registration

The Board may revoke, suspend, or refuse to renew a business registration if the Board finds that a Registered Landscape Architect in responsible charge of landscape architectural services for the business or another officer of the business has:

(1) Committed any act of dishonesty, fraud, or deceit in obtaining or attempting to obtain a business registration;

(2) Not timely notified the Board of a change in status under OAR 804-035-0010(3);

(3) Not had a Registered Landscape Architect in responsible charge of the landscape architectural services provided in Oregon by the business;

(4) Not had a Registered Landscape Architect as an owner or officer of the business;

(5) Violated any provision of ORS 671.310 to 671.459, 671.992, or 671.005, or any rule promulgated thereunder.

Stat. Auth.: ORS 671.318, 671.415
Stats. Implemented: ORS 671.318
Hist.: LAB 2-2006, f. & cert. ef. 6-26-06; LAB 1-2017, f. & cert. ef. 2-10-17

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