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The Oregon Administrative Rules contain OARs filed through July 15, 2016
 
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LANDSCAPE CONTRACTORS BOARD

 

DIVISION 3

LICENSES

808-003-0010

Written Advertising

(1) All written advertising, except telephone and internet directory line listings and uniforms, shall include the landscape contracting business license number. The landscape contracting business license number in a written advertisement shall be capable of being read (legible) and clearly visible.

(2) Advertising shall include, but not be limited to:

(a) Newsprint classified advertising and newsprint display advertising for work subject to ORS 671.510 through 671.710;

(b) Telephone or internet directory space ads, or display ads;

(c) Business cards;

(d) Business flyers;

(e) Business letterhead;

(f) Business signs at construction sites;

(g) Contracts and/or proposals;

(h) Vehicles and trailers with signage; and

(i) Websites.

(3) No person shall advertise under the heading of "landscape contractor" or any other heading that would lead any person to believe the business is a landscape contracting business in any advertising media unless the person holds an active landscape contracting business license.

(4) A landscape contracting business that holds a valid license shall not advertise for landscaping work outside the scope of the license.

(5) All written advertising on websites must include the landscape contracting business license number at least on the homepage, the footer of each page, or the contact us.

(6) Effective January 1, 2016, a vehicle sticker issued by the State Landscape Contractors Board does not constitute meeting the requirement to have the landscape contracting business license number on a vehicle.

Stat. Auth.: ORS 183 & 671
Stats. Implemented: ORS 671.530
Hist.: LC 1-1980, f. & ef. 2-5-80; LC 1-1984, f. & ef. 7-17-84; LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; Renumbered from 808-010-0012; LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04; 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 6-2009(Temp), f. & cert. ef. 10-14-09 thru 4-11-10; Administrative correction 4-21-10; LCB 2-2010, f. & cert. ef. 6-1-10; LCB 4-2010, f. & cert. ef. 6-2-10; LCB 6-2015, f. 7-29-15, cert. ef. 8-1-15

808-003-0015

Application for Landscape Contracting Business and Landscape Construction Professional License

(1) Application for a landscape contracting business license shall be on forms provided by the agency. Information provided on the form must include, but not be limited to:

(a) Name of business entity, all additional assumed business names under which the landscaping work is conducted and Corporation Division registry numbers (if applicable). The business entity name and all assumed business names listed must be the same as what appears on record with the Corporation Division, if applicable;

(b) Mailing and physical address of the business entity;

(c) Name of all owners and percent of ownership of each owner;

(d) Name and license number of all licensed landscape construction professionals employed by the business as required under ORS 671.565 along with a signed and notarized verification of employment form provided by the agency. A business may meet the requirements of ORS 671.565, not withstanding the conditions of 657.044, if the licensed landscape construction professional is a sole proprietor, a member of an LLC, a general partner in a partnership, or a stockholder of a Sub Chapter S-Corp and is actively involved in the landscape contracting business’ operations and is receiving remuneration, whether by salary or other payment, for services provided;

(e) Name and address of owner or managing employee;

(f) Independent contractor certification statement;

(g) A signed statement by the owner of the business, on which the landscape contracting business estimates the total maximum job charges for a single landscape job during the term of the license for the purpose of determining the correct bonding amount for that specific term of the license;

(h) Social security number of the owner of a sole proprietorship or partners in a general partnership (where the partners are human beings);

(i) Complete questions to Licensing and Litigation History and Criminal Background sections;

(j) State Tax Identification number, if applicable;

(k) Federal Employer ID Number (EIN), if applicable;

(l) Workers Compensation Information, if nonexempt; and

(m) Signature of owner, partner, joint venturer, corporate officer, member or trustee, signifying that the information provided in the application is true and correct.

(2) Application for a landscape contracting business license must be accompanied by:

(a) A non-refundable application fee;

(b) A required license fee;

(c) A properly executed surety bond, irrevocable letter of credit or deposit as required under ORS 671.690;

(d) A Certificate of Liability Insurance as required under ORS 671.565 for an amount not less than $100,000 if the application is received prior to January 1, 2106 and not less than $500,000 if the application is received after January 1, 2016 listing the Landscape Contractors Board as the certificate holder;

(e) A Certificate of Completion of Owner/Managing Employee course from an approved course provider and proof of passing the Laws, Rules & Business Practice examination if the managing owner or managing employee does not hold an active landscape construction professional license;

(f) Documentation of any unpaid court judgment, arbitration award or administrative agency final order entered or issued in any state that requires the applicant to pay damages arising out of the performance of, or a contract for, landscaping work issued on or after January 1, 2008, along with the status of any appeal or exceptions. For purposes of this rule and ORS 671.563, “applicant” has the same meaning as owner as defined in OAR 808-002-0734.

(g) Copies of the original and amended articles of incorporation for corporations, organizational filings for limited liability companies, and partnership agreements for partnerships;

(h) A completed, signed and notarized Verification form (provided by the board) for every licensed landscape construction professional who is supervising work for the landscape contracting business as required in OAR 808-003-0018; and

(i) Certificate of Insurance verifying workers’ compensation insurance coverage for all employees, if the applicant qualifies as nonexempt.

(3) Application for a landscape construction professional license shall be on forms provided by the agency and shall be accompanied by:

(a) A non-refundable application fee;

(b) Verification of experience and/or transcripts or copies of completion certificates from courses of study;

(c) If applicable, name of employing licensed landscape contracting business or businesses;

(d) Documentation of any unpaid court judgment, arbitration award or administrative agency final order entered or issued in any state that requires the applicant to pay damages arising out of the performance of, or a contract for, landscaping work issued on or after January 1, 2008, along with the status of any appeal or exceptions. For purposes of this rule and ORS 671.563, “applicant” means the person applying for the individual landscape construction professional license;

(e) Complete questions to Licensing and Litigation History and Criminal Background sections;

(f) Social security number of the applicant;

(g) Mailing and physical address of the applicant; and

(h) Signature of applicant.

(4) Application for a probationary landscape construction professional license shall be on forms provided by the agency and shall be accompanied by:

(a) A non-refundable application fee,

(b) If applicable the name of the employing licensed landscape contracting business or businesses.

(c) Documentation of any unpaid court judgment, arbitration award or administrative agency final order entered or issued in any state that requires the applicant to pay damages arising out of the performance of, or a contract for, landscaping work issued on or after January 1, 2008, along with the status of any appeal or exceptions. For purposes of this rule and ORS 671.563, “applicant” means the person applying for the individual probationary landscape construction professional license;

(d) Complete questions to Licensing and Litigation History and Criminal Background sections;

(e) Social security number of the applicant;

(f) Mailing and physical address of the applicant; and

(g) Signature of applicant.

(5) If an applicant as defined in subsections (1), (3) and (4) of this rule has any unpaid damages as stated in subsections (1), (3) and (4) of this rule and there are no appeals or exceptions filed, the applicant must show current payments are being made. If payments are not being made, the Landscape Contractors Board may refuse to issue the license.

Stat. Auth.: ORS 183 & 671
Stats. Implemented: ORS 671.560, 671.563 & 671.565
Hist.: LC 3, f. & ef. 2-7-77; LC 3-1980, f. & ef. 2-5-80; LC 1-1984, f. & ef. 7-17-84; LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; Renumbered from 808-010-0015; LSCB 2-1997, f. & cert. ef. 11-3-97; LCB 3-1999, f. & cert. ef. 11-17-99; LCB 1-2003, f. 1-31-03, cert. ef. 2-1-03; LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04; LCB 4-2005, f. & cert. ef. 10-5-05; LCB 6-2005, f. 12-30-05, cert. ef. 1-1-06; LCCB 3-2007, f. & cert. ef. 8-1-07; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08; LCB 9-2007, f. 12-24-07, cert. ef. 1-1-08; LCB 3-2008, f. & cert. ef. 4-11-08; LCB 10-2008, f. & cert. ef. 11-6-08; LCB 10-2011, f. 7-26-11, cert. ef. 8-1-11; LCB 13-2011, f. 12-29-11, cert. ef. 1-1-12; LCB 9-2015, f. 12-22-15, cert. ef. 1-1-16

808-003-0018

Supervisory Responsibilities; Employment

(1) The licensed landscape construction professional who holds part or the complete phase basis of the landscape contracting business license must perform the following supervisory services:

(a) Review and initial the landscape plan and/or written contract for each job;

(b) Attend all on-site meetings and appear at any hearings that are a consequence of any claims filed against the landscape contracting business that relate to the landscape construction professional's phase of license; and

(c) Directly supervise all non-licensed employees employed by the landscape contracting business as defined in OAR 808-002-0328. For the purpose of verification of direct supervision of an unlicensed employee as required by ORS 671.540(1)(q) or (r), the communication requirement of direct supervision will be considered met if the licensed landscape construction professional communicates with the Landscape Contractors Board investigator who requested the unlicensed employee to contact the supervising landscape construction professional before midnight of the same day of the request.

(2) A landscape contracting business must:

(a) Require a licensed landscape construction professional to directly supervise the unlicensed employees of the landscape contracting business who are performing work that corresponds to the landscape construction professional's phase of license; and

(b) Have the landscape construction professional who is responsible for supervision as required in subsection (a) of this section on the payroll each hour receiving at least minimum wage or meeting the salary test for salaried exempt employees during the time the landscape contracting business is engaged in landscaping work that corresponds to this landscape construction professional’s phase of license except when the landscape construction professional is not considered a subject worker under ORS 656.027.

(c) Submit a Verification form when a new landscape construction professional becomes part or the complete basis of the landscape contracting business license.

(3) Upon application for a landscape contracting business license, and at any other time the board requests, a landscape contracting business must submit a completed, signed and notarized Verification form (provided by the board) for every licensed landscape construction professional for whom the landscape contracting business has not previously submitted this Verification form and who is supervising landscaping work for the landscape contracting business;.

(4) The Verification form verifies that the licensed landscape construction professional:

(a) Is a paid employee of the landscape contracting business and is on the payroll each hour receiving at least minimum wage or meets the salary test for salaried, exempt employees or is an owner of the business as defined in OAR 808-002-0734 during the time the business is performing landscape work related to the landscape construction professional's phase of license;

(b) Will directly supervise work based on the landscape construction professional's phase of license;

(c) Will attend on site meetings and appear at any hearings that are a consequence of any claims filed against the landscape contracting business that relate to the landscape construction professional's phase of license; and

(d) Understands the requirement to notify the board within ten calendar days after termination of employment from the landscape contracting business as required by OAR 808-003-0125(4).

Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 671.565
Hist.: LCB 2-1998, f. & cert. ef. 4-30-98; LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04; LCB 2-2006, f. 8-2-06, cert. ef. 10-2-06; LCCB 3-2007, f. & cert. ef. 8-1-07; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08; LCB 3-2008, f. & cert. ef. 4-11-08; LCB 9-2008, f. 9-29-08, cert. ef. 10-1-08; LCB 10-2008, f. & cert. ef. 11-6-08; LCB 2-2010, f. & cert. ef. 6-1-10; LCB 4-2011, f. & cert. ef. 5-25-11; LCB 9-2015, f. 12-22-15, cert. ef. 1-1-16

808-003-0020

Business Names

(1) A partnership, corporation, limited liability company, limited liability partnership, joint venture, professional corporation, assumed business name or other business entity shall be registered to do business in Oregon with the Corporation Division of the State of Oregon.

(2) Every licensed landscape contracting business entity that changes its name or registers for an assumed business name with the Corporation Division of the State of Oregon and every sole proprietor that changes his or her surname, must notify the agency within 30 days of assuming, filing or registering the new name.

(3) An actively licensed landscape contracting business that does not register or maintain registration as required by the Corporation Division of the State of Oregon shall have the license suspended or not renewed until properly registered with the Corporation Division of the State of Oregon.

(4) An applicant for a landscape contracting business license that does not register as required by the Corporation Division of the State of Oregon shall not be issued a landscape contracting business license.

Stat. Auth.: ORS 183 & 671
Stats. Implemented: ORS 671.560
Hist.: LC 1-1984, f. & ef. 7-17-84; LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; Renumbered from 808-010-0033; LCB 1-2003, f. 1-31-03, cert. ef. 2-1-03; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08; LCB 12-2009, f. 12-23-09, cert. ef. 1-1-10

808-003-0025

Alternative Experience

(1) An applicant will be deemed to have qualifying experience under ORS 671.570(2) if the applicant submits documentation verifying they have:

(a) Two years of related landscaping experience; or

(b) Successful completion of the Landscape Industry Certified Technician - Exterior program administered by the Oregon Landscape Contractors Association (OLCA) or another entity licensed to the National Association of Landscape Professionals; or

(c) An Associate, Bachelors or Masters Degree in horticulture or other related fields from an accredited school or college, which includes the completion of a cooperative work experience requirement in landscaping. If no cooperative work experience, six months of related landscape experience may substitute; or

(d) A Certificate in horticulture or other related fields from an accredited school or college that requires a minimum of 72 credit hours, which includes the completion of a cooperative work experience requirement in landscaping. If no cooperative work experience, six months of related landscape experience may substitute; or

(e) A current certification with the International Society of Arboriculture (ISA) as a Certified Arborist; or

(f) A current membership as a Certified Professional Member of APLD; or

(g) Completion of an Oregon Drinking Water Program approved Backflow Assembly Tester five (5) day course or a current Oregon Backflow Assembly Tester certification; or

(h) Any other landscaping related certified membership on an individual basis to be determined by the Board.

(2) Military Experience, Training and Education

(a) Military experience, training, and education may be considered as qualifying experience under ORS 671.570(2) under this rule if it is evaluated by the Joint Services Transcript (JST) and the Board determines that it is substantially equivalent to the requirements in ORS 671.570(1).

(b) The Board will determine the amount of education credit, if any, the military training, experience, and education will be given towards qualifying the applicant for licensing as a landscape construction professional.

Stat. Auth.: ORS 183.310 - 183.500, 670.310 & 671.670
Stats. Implemented: ORS 671.570
Hist.: LC 1-1985, f. & ef. 7-1-85; LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; Renumbered from 808-010-0016; LSCB 2-1994, f. 11-8-94, cert. ef. 11-15-94; LCB 2-1998, f. & cert. ef. 4-30-98; LCB 4-2002, f. & cert. ef. 12-4-02; LCB 4-2003, f. 5-27-03, cert. ef. 6-1-03; LCB 2-2005, f. & cert. ef. 4-5-05; LCB 14-2011, f. 12-29-11, cert. ef. 1-1-12; LCB 5-2016, f. & cert. ef. 5-23-16

808-003-0030

Expiration of Application; Change of Application

Applicants who fail to complete the license process within the following time periods must submit a new application and fee and, if applicable, retake and pass the exam.

(1) A landscape contracting business license application will expire one year from the date the application was received by the agency.

(2) Except as provided in subsection (3), an individual landscape construction professional license application will expire two years after the last examination sitting or two years after the application was received by the agency, whichever is later. Exam results are subject to OAR 808-003-0730, 808-003-0820,808-003-0930.

(3) An individual landscape construction professional application for a Probationary All Phase Plus Backflow license will expire two years after the application is received by the agency or, one year after the first sitting for any section of the exam, whichever is first. Exam results are subject to OAR 808-003-0730(1).

(4) An applicant for a Probationary All Phase Plus Backflow license may submit another application for a Probationary All Phase Plus Backflow license after the previous application has expired. Exam results are subject to OAR 808-003-0730(1).

(5) An applicant that applied for a Probationary All Phase Plus Backflow license may submit an application for a regular landscape construction professional license at any time prior to being issued a probationary license along with the required documentation pursuant to ORS 671.570 or OAR 808-003-0025. If a Probationary All Phase Plus Backflow license is issued the licensee must comply with 808-003-0045(5) to obtain removal from probationary status. Exam results are subject to 808-003-0730, 808-003-0820,808-003-0930.

Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 671.670
Hist.: LC 1-1980, f. & ef. 2-5-80; LC 1-1984, f. & ef. 7-17-84; LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; Renumbered from 808-010-0017; LSCB 2-1995, f. 8-8-95, cert. ef. 8-15-95; LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08; LCB 2-2008, f. & cert. ef. 6-2-08; LCB 15-2011, f. 12-29-11, cert. ef. 1-1-12; LCB 2-2016, f. & cert. ef. 5-23-16

808-003-0035

License Categories

(1) Licenses may be issued only for the following:

(a) All Phase;

(b) Planting;

(c) Standard; or

(d) Irrigation and Backflow Prevention.

(e) Probationary All Phase Plus Backflow

(2) Except as set forth in section (3) of this rule, the following previously-issued limited licenses shall remain valid so long as the licensee continues to renew the license:

(a) Irrigation;

(b) Irrigation and Backflow Prevention;

(c) Sod & Seed; and

(d) Trees.

(3) The "All Phase" license shall include standard (which includes planting), irrigation, and Backflow Prevention, unless, in lieu of Backflow Prevention, the landscape construction professional has signed an agreement with the Board prior to April 30, 1996 stating that the contractor will not perform Backflow Prevention work, with the penalty for violation of the agreement being $1,000 and suspension of the landscaping contracting business license and the landscape construction professional contractor license who is the phase basis of the landscaping contracting business.

Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 671.560
Hist.: LC 3, f. & ef. 2-7-77; LC 1-1981, f. & ef. 10-8-81; LC 1-1984, f. & ef. 7-17-84; LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; Renumbered from 808-010-0020; LCB 2-1990, f. 7-27-90, cert. ef. 8-1-90; LCB 2-1993, f. & cert. ef. 2-1-93; LSCB 1-1994, f. 5-26-94, cert. ef. 6-1-94; LSCB 2-1994, f. 11-8-94, cert. ef. 11-15-94; LSCB 2-1995, f. 8-8-95, cert. ef. 8-15-95; LSCB 2-1997, f. & cert. ef. 11-3-97; LCB 3-1998(Temp), f. & cert. ef. 11-16-98 thru 5-15-99; LCB 1-1999, f. & cert. ef. 2-11-99; LCB 1-2003, f. 1-31-03, cert. ef. 2-1-03; LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04; LCB 6-2005, f. 12-30-05, cert. ef. 1-1-06; LCCB 3-2007, f. & cert. ef. 8-1-07; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08; LCB 9-2007, f. 12-24-07, cert. ef. 1-1-08; LCB 3-2008, f. & cert. ef. 4-11-08; LCB 2-2014, f. 2-20-14, cert. ef. 3-1-14

808-003-0040

Scope of License and Subcontracting

(1) Scope of License. A licensed landscape contracting business may only advertise for or perform those phases of landscaping work for which its owners or employees hold a valid landscape construction professional license.

(2) The landscaping work a licensed landscape contracting business advertises for or performs shall be limited to the following:

(a) For an all phase license holder, all areas of landscaping work, plus the installation of backflow prevention assemblies unless, in lieu of Backflow Prevention, the landscape construction professional contractor has signed an agreement with the Board prior to April 30, 1996 stating that the landscape construction professional will not perform Backflow Prevention work;

(b) For an irrigation, no backflow, limited license holder, irrigation functions, including, but not limited to, the preparation of plans and drawings for landscape irrigation systems and the maintenance of irrigation systems with the use of compressed air;

(c) For a sod and seed limited license holder, grass seed planting or sod laying;

(d) For a tree limited license holder, install new or transplant trees;

(e) For a planting limited license holder, plan or install lawns, shrubs, vines, trees or nursery stock and perform grading and drainage services for the installation of lawns, shrubs, vines, trees or nursery stock. This also includes the preparation of the property on which the vegetation is to be installed as defined in OAR 808-002-0500. A planting limited licensing holder cannot perform low voltage work.

(f) For a standard limited license holder, all areas of landscaping work except irrigation functions and the installation of backflow assemblies;

(g) For an irrigation plus backflow license holder, irrigation functions, including, but not limited to, the preparation of plans and drawings for landscape irrigation systems, the maintenance of irrigation systems with the use of compressed air and the installation of backflow assemblies.

(h) For a probationary All Phase Plus Backflow license holder, all areas of landscaping work, provided all landscaping work on any given landscape job as defined in OAR 808-002-0495 must not exceed a total contract amount of $15,000,

(3) Landscaping Work Exceeding Licensee’s Scope. A landscape contracting business may bid on a job or enter into a contract that includes one or more phases of landscaping work for which it is not licensed if that landscape contracting business:

(a) Upgrades the landscape contracting business license phase by employing a landscape construction professional licensed for that phase of landscaping work and notifies the board of this change in license prior to performing this landscaping work; or

(b) Subcontracts the landscaping work that is outside the phase of the license to another licensed landscape contracting business licensed for that phase of landscaping work.

(4) Landscaping Job Exceeding Licensee’s Scope or Including Construction Contracting. A landscape contracting business may bid on a job or enter into a contract that, as part of the landscaping project, includes:

(a) Landscaping work for which the landscape contracting business is not licensed, and which is also within the scope of a construction contractors license under ORS Chapter 701, if the landscape business subcontracts with a construction contractor licensed under ORS Chapter 701 to perform that work within the scope of the construction contractor’s license; or

(b) Construction contracting work that is not included within the lawful scope of work of a landscape contracting business, including work of residential specialty contractors and commercial specialty contractors, and for which the landscape contracting business does not fall under a statutory exemption from appropriate licensure. This construction contracting work may be subcontracted only if the landscape contracting business subcontracts with a construction contractor licensed under ORS chapter 701 to perform work within the scope of the construction contractor’s license, and if the construction contractor and its employees are properly licensed by the Department of Consumer and Business Services, Building Codes Division when required by law.

(5) Subcontracting.

(a) A landscape contracting business may subcontract, verbally or in writing as is appropriate for the value of the subcontract, with another licensed landscape contracting business to perform landscaping work, pursuant to subsection (3) of this rule. A landscape contracting business may not subcontract with the owner of the property, for the owner to provide services on or for the property, even if the owner of the property is a licensed landscape contracting business or licensed landscape contracting professional.

(b) A landscape contracting business may subcontract, verbally or in writing as is appropriate for the value of the subcontract, with a construction contractor licensed under ORS chapter 701 to perform construction contracting work pursuant to subsection (4) of this rule. A landscape contracting business may not subcontract with the owner of the property, for the owner to provide services on or for the property, even if the owner of the property is a licensed construction contractor.

(6) Subsection 3 through 5 of this rule do not allow a landscape contracting business to advertise or represent that the business is licensed to provide construction contractor services or specialty trade services regulated by the Department of Consumer and Business Services, Building Codes Division.

Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 447.060 & 671.560
Hist.: LC 1-1984, f. & ef. 7-17-84; LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; Renumbered from 808-010-0021; LCB 2-1990, f. 7-27-90, cert. ef. 8-1-90; LCB 2-1992, f. 7-14-92, cert. ef. 7-15-92; LCB 2-1993, f. & cert. ef. 2-1-93; LSCB 2-1994, f. 11-8-94, cert. ef. 11-15-94; LSCB 2-1997, f. & cert. ef. 11-3-97; LCB 1-2001, f. 12-4-01, cert. ef. 1-1-02; LCB 1-2003, f. 1-31-03, cert. ef. 2-1-03; LCB 7-2003(Temp), f. 11-28-03, cert. ef. 12-1-03 thru 5-29-04; LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04; LCB 6-2005, f. 12-30-05, cert. ef. 1-1-06; LCCB 3-2007, f. & cert. ef. 8-1-07; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08; LCB 9-2007, f. 12-24-07, cert. ef. 1-1-08; LCB 3-2008, f. & cert. ef. 4-11-08; LCB 10-2008, f. & cert. ef. 11-6-08; LCB 13-2009, f. 12-23-09, cert. ef. 1-1-10; LCB 7-2010, f. & cert. ef. 10-25-10; LCB 12-2011, f. 12-29-11, cert. ef. 1-1-12; LCB 2-2014, f. 2-20-14, cert. ef. 3-1-14; LCB 3-2014(Temp), f. 2-21-14, cert. ef. 3-1-14 thru 8-28-14; Administrative correction, 9-17-14; LCB 9-2014(Temp), f. & cert. ef. 9-25-14 thru 3-24-15; LCB 1-2015, f. 1-21-15, cert. ef. 2-1-15; LCB 9-2015, f. 12-22-15, cert. ef. 1-1-16

808-003-0045

Change to Limited Licenses; Removal from Probationary Status

(1) If the phase of license for a landscape contracting business license changes, the landscape contracting business must immediately stop advertising for or performing those phases of landscaping work for which the business no longer holds a license.

(2) Probationary license holders may obtain removal from probationary status by:

(a) Demonstrating one or more of the following after the date of obtaining the probationary license:

(A) Completion of 24 months or more of employment with an actively licensed landscape contracting business under the direct supervision of a non-probationary licensed landscape construction professional,

(B) Completion of 24 months or more as an owner or employee of an actively licensed landscape contracting business providing supervision as described in ORS 671.540(1)(q) or 671.565(1)(b) for a period of 24 months where the landscaping work performed on any landscape job by the landscape contracting business did not exceed $15,000 and where the landscape contracting business filed and maintained with the board a bond, letter of credit or deposit in the amount of $15,000, or

(C) Completion of 24 months or more as an actively licensed construction contractor under ORS Chapter 701.

(b) Submitting a written request to the board for removal of the probationary status.

Stat. Auth.: ORS 183 & 671
Stats. Implemented: ORS 671.560
Hist.: LC 1-1984, f. & ef. 7-17-84; LCB 1-1988, f. 1-26-88, cert. & ef. 2-1-88; Renumbered from 808-010-0022; LCB 1-2003, f. 1-31-03, cert. ef. 2-1-03; LCB 4-2003, f. 5-27-03, cert. ef. 6-1-03; LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04; 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 9-2007, f. 12-24-07, cert. ef. 1-1-08; LCB 8-2008, f. & cert. ef. 9-5-08; LCB 9-2008, f. 9-29-08, cert. ef. 10-1-08; LCB 10-2008, f. & cert. ef. 11-6-08; LCB 4-2009, f. 6-1-09 cert. ef. 7-1-09; LCB 7-2010, f. & cert. ef. 10-25-10; LCB 2-2013, f. 5-31-13, cert. ef. 6-1-13; LCB 2-2014, f. 2-20-14, cert. ef. 3-1-14; LCB 3-2014(Temp), f. 2-21-14, cert. ef. 3-1-14 thru 8-28-14; Administrative correction, 9-17-14; LCB 9-2014(Temp), f. & cert. ef. 9-25-14 thru 3-24-15; LCB 1-2015, f. 1-21-15, cert. ef. 2-1-15; LCB 2-2016, f. & cert. ef. 5-23-16

808-003-0070

Exam Failure and Retake

(1) Applicants who attempt and fail any section of the exam must wait two weeks:

(a) Before retaking any section of the exam; and

(b) After reviewing any section of the exam.

(2) After three unsuccessful attempts to pass any section of a written or computerized exam, an applicant may petition the agency for an oral exam.

Stat. Auth.: ORS 183 & 671
Stats. Implemented: ORS 671.570
Hist.: LC 1-1980, f. & ef. 2-5-80; LC 1-1984, f. & ef. 7-17-84; LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; Renumbered from 808-010-0027; LSCB 2-1997, f. & cert. ef. 11-3-97; LCB 3-1998(Temp), f. & cert. ef. 11-16-98 thru 5-15-99; LCB 1-1999, f. & cert. ef. 2-11-99; LCB 4-2002, f. & cert. ef. 12-4-02; LCB 6-2003, f. & cert. ef. 10-1-03; LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04; LCB 5-2004, f. & cert. ef. 10-4-04

808-003-0090

Employer Status

Landscape contracting businesses shall be licensed as either nonexempt (employer with employees) or exempt (no employees) as provided in ORS 671.525.

(1) The nonexempt class is composed of the following entities:

(a) Sole proprietorships with one or more employees;

(b) Partnerships or limited liability partnerships with one or more employees;

(c) Partnerships or limited liability partnerships with more than two partners if any of the partners are not family members as defined in OAR 808-002-0390;

(d) Joint ventures with one or more employees;

(e) Joint ventures with more than two joint venturers if any of the joint venturers are not family members as defined in OAR 808-002-0390;

(f) Limited partnerships with one or more employees;

(g) Limited partnerships with more than two general partners if any of the general partners are not family members as defined in OAR 808-002-0390;

(h) Corporations with one or more employees;

(i) Corporations with more than two corporate officers if any of the corporate officers are not family members;

(j) Trusts with one or more employees;

(k) Trusts with more than two trustees if any of the trustees are not family members as defined in OAR 808-002-0390;

(l) Limited liability companies with one or more employees; or

(m) Limited liability companies with more than two members if any of the members are not family members as defined in OAR 808-002-0390.

(2) The exempt class is composed of sole proprietors, partnerships, joint ventures, limited liability partnerships, limited partnerships, corporations, trusts, and limited liability companies that do not qualify as nonexempt.

(3) An exempt landscape contracting business may work with the assistance of individuals who are employees of a nonexempt landscape contracting business so long as the nonexempt landscape contracting business:

(a) Is in compliance with ORS Chapters 316, 656, and 657 and is providing the employee(s) with workers' compensation insurance; and

(b) Does the payroll and pays all its employees, including those employees who assist an exempt landscape contracting business.

(4) Non-exempt entities shall supply the following employer account numbers:

(a) Workers’ Compensation Division 7-digit compliance number or workers’ compensation insurance carrier name and policy or binder number;

(b) Oregon Employment Department and Oregon Department of Revenue combined business identification number; and

(c) Internal Revenue Service employer identification number or federal identification number.

(5) Exempt entities need supply no employer account numbers except as stated below.

(6) Corporations and limited liability companies qualifying as exempt as provided by ORS 656.027(10) shall supply Employment Division and Department of Revenue account numbers unless the corporation or limited liability company certifies that corporate officers or members receive no compensation (salary or profit) from the corporation or limited liability company. Exempt corporations shall supply IRS account numbers.

(7) Out-of-state businesses with no Oregon employees shall supply their home state account numbers, and workers' compensation account.

(8) An exempt landscape contracting business must notify the agency in writing within 30 days, register with the Board as “nonexempt” and submit documentation as required in OAR 808-003-0620 when that business hires employees or otherwise no longer qualifies for the exempt status.

Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 671.525, 671.560, 671.565 & 2011 OL Ch. 283
Hist.: LCB 2-1991(Temp), f. 9-27-91, cert. ef. 9-29-91; LCB 1-1992, f. 1-27-92, cert. ef. 2-1-92; LSCB 2-1995, f. 8-8-95, cert. ef. 8-15-95; LSCB 2-1997, f. & cert. ef. 11-3-97; LCB 5-2003, f. & cert. ef. 8-1-03; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08; LCB 13-2011, f. 12-29-11, cert. ef. 1-1-12

808-003-0095

Liability Insurance

(1) An applicant for the landscape contracting business license or renewal shall;

(a) Submit a "Certificate of Insurance" (certificate) from an insurance company authorized to do business in Oregon, as required by ORS 671.565 and subsection (2) of this section and

(b) Continue to meet those insurance requirements for as long as the applicant is licensed.

(2) The certificate of insurance must include:

(a) The name of the insurance company,

(b) Policy number,

(c) Effective dates of coverage;

(d) Coverage in at least the amount required in ORS 671.565 and Section 2 of this rule;

(e) The agent’s name, and

(f) The Oregon Landscape Contractors Board is the certificate holder.

(2) The certificate must be for an amount not less than $100,000 if the application is received prior to January 1, 2016 and not less than $500,000 if the application is received after January 1, 2016 and include public liability, personal injury and property damage insurance covering landscaping work.

(3) The name of the entity as it appears on the certificate must be the same as the name on the landscape contracting business license application or license of record with the agency and the same entity name filed at the Oregon Corporation Division (if applicable).

(a) If the entity is a sole proprietorship, the certificate must include the name of the sole proprietor;

(b) If the entity is a partnership, or joint venture, the certificate must include the names of all partners (except limited partners);

(c) If the entity is a limited liability partnership, the certificate must be issued in the name of all partners and the name of the limited liability partnership;

(d) If the entity is a limited partnership, the certificate must be issued in the name of all general partners and the name of the limited partnership and any other business names(s) used. Limited partners do not need to be listed on the certificate;

(e) If the entity is a corporation or trust, the certificate must be issued showing the corporate or trust name; or

(f) If the entity is a limited liability company, the certificate must be issued in the name of the limited liability company.

(4) A landscape contracting business must continuously have in effect public liability, personal injury and property damage insurance during the licensing period to maintain an active license.

(5) A new certificate must be on file with the agency prior to the expiration date on the previous certificate. If the policy as required in subsection 2 of this section expires and a new certificate is not received on or before 5 pm on the day of policy expiration, the agency may suspend the landscape contracting business license

(6) Upon cancellation of the insurance required under ORS 671.565 the agency may immediately suspend the landscape contracting business license as provided for in 671.610(2)(b).

(7) If a landscape contracting business is licensed as a sole proprietorship, partnership, limited liability partnership, limited partnership, joint venture, corporation, limited liability company, business trust or any other entity and seeks to change the licensed entity to one of the other entity types and a new license is required, the application must be accompanied by a new certificate.

Stat. Auth.: ORS 183.325 - 183.410, 670.310 & 671.670
Stats. Implemented: ORS 671.565
Hist.: LCB 2-1991(Temp), f. 9-27-91, cert. ef. 9-29-91; LCB 1-1992, f. 1-27-92, cert. ef. 2-1-92; LSCB 2-1997, f. & cert. ef. 11-3-97; LCB 1-2003, f. 1-31-03, cert. ef. 2-1-03; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08; LCB 5-2009(Temp), f. 6-3-09 cert. ef. 6-3-09 thru 11-30-09; LCB 8-2009, f. & cert. ef. 10-28-09; LCB 9-2015, f. 12-22-15, cert. ef. 1-1-16

808-003-0100

Licenses; License Cards

(1) A landscape construction professional license and its identifying license number will be issued to one individual only. Other individuals shall not be included in that license, but each shall be separately licensed and shall separately meet the licensing requirements. No individual may perform work subject to ORS Chapter 671 through the use of another individual's or entity's license.

(2) Landscape construction professional licenses shall be issued in the name of the individual.

(3) A landscape contracting business license and its identifying license number will be issued to one business entity only. Other business entities shall not be included in that license, but each shall be separately licensed and shall separately meet the licensing requirements. No business entity may perform work subject to ORS Chapter 671 through the use of another individual's or business entity's license.

(4) Landscape contracting business licenses shall be issued as follows:

(a) A sole proprietorship shall be issued in the name of the sole proprietor;

(b) A sole proprietorship using an assumed business name shall be issued in both the name of the sole proprietor and assumed business name

(c) A partnership, limited partnership or joint venture shall be issued in the names of the partners and the assumed business name;

(d) A partnership or limited partnership using an assumed business name shall be issued in the names of the partners and the assumed business name;

(e) A corporation or trust shall be issued in the corporate or trust name;

(f) A limited liability company shall be issued in the limited liability company name.

(5) A license card issued to a landscape contracting business and landscape construction professional is valid for the term for which it is issued only if the licensing requirements or ORS 671.510 to 671.760 and OAR chapter 808 are met throughout the license period:

(6) If a license is no longer valid, the agency may require the return of the license card and pocket card(s).

Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 671.560 & 671.565
Hist.: LC 3, f. & ef. 2-7-77; LC 1-1981, f. & ef. 10-8-81; LC 1-1984, f. & ef. 7-17-84; LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; Renumbered from 808-010-0030; LSCB 2-1995, f. 8-8-95, cert. ef. 8-15-95; LCB 2-2002, f. & cert. ef. 5-24-02; LCB 4-2002, f. & cert. ef. 12-4-02; LCB 5-2003, f. & cert. ef. 8-1-03; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08; LCB 4-2009, f. 6-1-09 cert. ef. 7-1-09; LCB 12-2009, f. 12-23-09, cert. ef. 1-1-10; LCB 6-2015, f. 7-29-15, cert. ef. 8-1-15

808-003-0112

Social Security Number

(1) The Landscape Contractors Board will not issue or renew a landscape construction professional license or landscape contracting business license issued to an individual, a sole proprietorship or a general partnership unless an applicant provides his or her social security number on the application or renewal form. The applicant need not provide the social security number on the application for renewal, if the applicant’s social security number has previously been provided to the Landscape Contractors Board and is in the record.

(2) If an individual, the owner of a sole proprietorship or partners in a general partnership (where the partners are human beings) has not been issued a social security number by the United States Social Security Administration, the Landscape Contractors Board will accept a written statement from the individual, owner or partners to fulfill the requirements of section (1). The individual, owner or partner must submit the written statement on a form provided by the agency. This form must:

(a) Be signed by the individual, owner or partner (where the partner is a human being);

(b) Attest to the fact that no social security number has been issued to the individual, owner or partner by the United States Social Security Administration; and

(c) Acknowledge that knowingly supplying false information under this section is a Class A misdemeanor, punishable by imprisonment of up to one year and a fine of up to $6,250.

Stat. Auth.: ORS 671.630
Stats. Implemented: ORS 25.278
Hist.: LCB 2-2004, f. 1-27-04, cert. 2-1-04; LCCB 3-2007, f. & cert. ef. 8-1-07; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08

808-003-0125

Notification of Change of Address, Employment, Partners or Owners or Ownership Interest

(1) Within thirty (30) calendar days following a change of address, the landscape construction professional shall submit written or online notification to the agency as provided in ORS 671.603.

(2) Within thirty (30) calendar days following a change of address, the landscape contracting business shall submit written or online notification to the agency as provided in ORS 671.603.

(3) A landscape contracting business shall notify the agency in writing within ten (10) days after the date a landscape contracting business' phase of license changes due to:

(a) The license phase of an owner or employee who is the licensed landscape construction professional and phase basis of the business changes; or

(b) The landscape construction professional who holds part or wholly the phase basis of the landscape contracting business license ceases to own or be employed by the landscape contracting business.

(4) A landscape construction professional shall notify the agency in writing within ten (10) days of the date of termination of employment or ownership from an actively licensed landscape contracting business.

(5) A landscape contracting business subject to ORS 671.595 must:

(a) Within ten (10) calendar days of the date a managing owner or managing employee ceases to act in the roles as defined in OAR 808-002-0625 or 808-002-0734(2) notify the agency in writing and provide:

(A) The effective date of the change; and

(B) The name of the managing owner or managing employee ceasing to act in this role.

(b) Within thirty (30) calendar days of a change of managing owner or managing employee, designate a new managing owner or managing employee and must have notified the agency in writing and provide:

(A) The effective date of the change; and

(B) The name of the new managing owner or managing employee performing this role.

(6) Within ten (10) calendar days following a change in partners or owners or a change in percentage of an ownership interest, the landscape contracting business shall submit written notification of the change to the agency as required by ORS 671.605.

Stat. Auth.: ORS 183 & 671
Stats. Implemented: ORS 671.595, 671.600, 671.603 & 671.605
Hist.: LC 1-1984, f. & ef. 7-17-84; LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; Renumbered from 808-010-0034; LCB 1-2001, f. 12-4-01, cert. ef. 1-1-02; LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08; LCB 2-2008, f. & cert. ef. 6-2-08; LCB 12-2009, f. 12-23-09, cert. ef. 1-1-10; LCB 7-2010, f. & cert. ef. 10-25-10; LCB 9-2015, f. 12-22-15, cert. ef. 1-1-16

808-003-0126

Permits and Other Requirements for Work Performed by a Landscape Contracting Business

(1) Prior to the performance of work a landscape contracting business must obtain a permit, if required. This includes but is not limited to the installation of:

(a) A backflow assembly for irrigation systems or water features;

(b) A retaining wall, driveway, deck, fence, walkway, arbor, landscape edging or patio;

(c) Low voltage wiring for irrigation systems or landscape lighting;

(d) Plantings on structures; and

(e) Drainage systems for landscaping work.

(2) Prior to the performance of landscaping work on a structure the landscape contracting business must confirm that the structure has been properly engineered and municipal approval has been obtained in writing or by issuance of a municipal permit for construction.

(3)(a) Tapping into the potable water supply and installation of irrigation or ornamental water feature backflow assemblies shall be done by a licensed landscape construction professional who holds a backflow license and who is either an employee or owner of a landscape contracting business. The landscape construction professional or landscape contracting business shall obtain all required permits prior to the installation of the backflow assembly and the landscape construction professional shall install the backflow assembly in conformance with the applicable code requirements.

(b) If a landscape construction professional or landscape contracting business fails to obtain permits to tap into the potable water system for the installation of backflow assemblies for irrigation or ornamental water feature or fails to comply with applicable code requirements, the Board, in addition to any other remedy, may suspend, condition or revoke the landscape construction professional and/or landscape contracting business license.

(4) The preparation of plans and drawings for a landscape irrigation system may only be prepared by a landscape construction professional if that professional:

(a) Holds a license that authorizes the installation of irrigation systems as stated in OAR 808-003-0040 of this rule; and

(b) Meets the employment requirements of ORS 671.570(1)(d); or

(c) Meets any of the alternative experience qualifications listed under OAR 808-003-0025.

Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 671.310 & 671.595
Hist.: LCB 12-2011, f. 12-29-11, cert. ef. 1-1-12; LCB 9-2015, f. 12-22-15, cert. ef. 1-1-16

808-003-0130

Fees

(1) Initial license:

(a) Initial landscape contracting business license, $275 effect November 1, 2015.

(b) Initial landscape construction professional license, $100 effective November 1, 2015.

(c) Initial landscape construction professional license, $95 for licenses issued on or before October 31, 2015.

(d) Initial landscape contracting business license, $260 for licenses issued on or before October 31, 2015.

(2) Renewal of active license:

(a) Renewal of active landscape contracting business license with an expiration date of November 30, 2015 or later, $275.

(b) Renewal of active landscape construction professional license with an expiration date of November 30, 2015 or later, $100.

(c) Renewal of active landscape contracting business license with an expiration date of October 31, 2015 or later, $260.

(d) Renewal of active landscape construction professional license with an expiration date of October 31, 2015 or later, $95.

(3) Renewal of inactive license:

(a) Renewal of inactive landscape contracting business, $275 effective November 30 1015.

(b) Renewal of inactive landscape construction professional, $100 effective November 30, 2015.

(c) Renewal of inactive landscape contracting business license with an expiration date of October 31, 2015, $260

(d) Renewal of inactive landscape construction professional license with an expiration date of October 31, 2015, $95.

(4) Late penalty fee:

(a) Landscape contracting business, $35.

(b) Landscape construction professional, $35

(5) Landscape Construction Professional License Application fee: $100.

(6) Landscape Contracting Business License Application fee: $150.

(7) Probationary Landscape Construction Professional License Application: $75

(8) Owner or Managing Employee Application fee: $60.

(9) Request from license holder for a replacement license card: $20

(10) Reinstatement of suspended license: $50. The reinstatement date will be the date the agency updates the record.

(11) To convert a license from an inactive status to an active status or from an active status to an inactive status at a time other than at renewal: $50. The status change date will be the date the agency updates the record.

(12) If a landscape construction professional license expires, the amount to be paid for reinstatement to active or inactive status equals the required fee for each year of expiration (up to two years) plus a late penalty fee for each year. The reinstatement date will be the date the agency updates the record.

(13) If a Landscape contracting business license expires, the amount to be paid for reinstatement to active or inactive status equals the required fee for each year of expiration (up to two years) plus a late penalty fee for each year. The reinstatement date will be the date the agency updates the record.

(14) Payments received after board deadlines, including, but not limited to payments for renewals, applications and civil penalties will be considered late and penalties shall be assessed.

(15) The board may waive the late fee if:

(a) The properly completed renewal form and correct fee are received by the agency prior to the expiration date and all other renewal requirements are met within one month after the expiration date; or

(b) The licensee's failure to meet the renewal date was caused entirely or in part by a board error or omission.

(16) Active duty military personnel are exempt from renewal fees if they place their licenses on “inactive military” status. To place a license on, or renew a license to, inactive military status, this request must be received in writing in the LCB office. No renewal fee will be charged until the renewal cycle following the licensee’s honorable discharge or, for National Guard and reserve servicemembers, once the licensee is no longer on active duty. No late fees shall accrue for active duty military personnel while they are on active duty. Only active duty military personnel are exempt from LCB license renewal and late fees. Civilian and dishonorably discharged military personnel are not exempt.

Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 671.595, 671.650 & 671.660
Hist.: LC 3, f. & ef. 2-7-77; LC 1-1981, f. & ef. 10-8-81; LC 1-1983(Temp), f. 10-14-83, ef. 10-15-83; LC 1-1984, f. & ef. 7-17-84; LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; Renumbered from 808-010-0035; LCB 3-1988(Temp), f. 4-11-88, cert. ef. 5-1-88; LCB 4-1988, f. 11-23-88, cert. ef. 12-1-88; LCB 1-1989(Temp), f. 5-16-89, cert. ef. 7-1-89; LCB 2-1989, f. & cert. ef. 7-24-89; LSCB 1-1995, f. & cert. ef. 2-2-95; LSCB 1-1997(Temp), f. & cert. ef. 6-10-97; LSCB 2-1997, f. & cert. ef. 11-3-97; LCB 3-2002, f. & cert. ef. 7-1-02; LCB 1-2003, f. 1-31-03, cert. ef. 2-1-03; LCB 6-2003, f. & cert. ef. 10-1-03; LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04; LCB 5-2004, f. & cert. ef. 10-4-04; 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 7-2007, f. 12-24-07, cert. ef. 1-1-08; LCB 3-2008, f. & cert. ef. 4-11-08; LCB 9-2008, f. 9-29-08, cert. ef. 10-1-08; LCB 10-2008, f. & cert. ef. 11-6-08; LCB 4-2009, f. 6-1-09 cert. ef. 7-1-09; LCB 9-2009(Temp), f. & cert. ef. 10-28-09 thru 4-25-10; Administrative correction 5-19-10; LCB 4-2010, f. & cert. ef. 6-2-10; LCB 5-2010(Temp), f. & cert. ef. 7-20-10 thru 1-16-11; LCB 6-2010, f. 8-12-10, cert. ef. 8-13-10; LCB 2-2011, f. & cert. ef. 1-27-11; LCB 16-2011, f. 12-29-11, cert. ef. 1-1-12; LCB 8-2015, f. 10-21-15, cert. ef. 11-1-15; LCB 5-2016, f. & cert. ef. 5-23-16

808-003-0135

Date of Issue/Expiration

(1) All licenses shall be issued on the date all application requirements are met. New licenses are valid for up to 13 months. Renewal licenses are valid for one year.

(2) Except as set forth in (3) of this rule, the expiration date will be the last day of the month in which the license was originally issued.

(3) At the request of the licensee, the agency may adjust the expiration date of the landscape construction professional license to correspond with that of the landscape contracting business license in accordance with ORS 670.310.

Stat. Auth.: ORS 183 & 671
Stats. Implemented: ORS 671.560 & 671.565
Hist.: LC 1-1984, f. & ef. 7-17-84; LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; Renumbered from 808-010-0036; LSCB 2-1997, f. & cert. ef. 11-3-97; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08

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

808-003-0220

Voluntary Surrender/Resignation of License

(1) A landscape construction professional or landscape contracting business may request resignation and surrender of the holder’s license issued under ORS 671, by submitting:

(a) A written resignation;

(b) The current license card issued by the Board;

(c) A written acknowledgment that, after such resignation, in the event that the licensee wishes to reapply for a license to perform landscaping work, the licensee must meet all requirements of ORS Chapter 671 and OAR chapter 808;

(d) A written acknowledgment that the licensee will take action to prevent all reasonably foreseeable harm to the licensee’s current clients upon resignation.

(2) A resignation is effective only with the express written approval of the agency. Such license will not be subject to renewal.

(3) If the licensee is the subject of a complaint filed with the Board or a Board investigation, or if disciplinary proceedings are pending against a licensee, the resignation by such licensee may not be approved by the Agency.

(4) Upon any subsequent application to perform landscaping work, the licensee must meet all requirements of ORS Chapter 671 and OAR chapter 808.

Stat. Auth: ORS 670.310 & 671.670
Stats. Implements: ORS 671.525 & 671.565
Hist.: LCB 5-2004, f. & cert. ef. 10-4-04; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08; LCB 10-2008, f. & cert. ef. 11-6-08; LCB 6-2015, f. 7-29-15, cert. ef. 8-1-15

808-003-0225

Terms of Probation

The board may place a landscape contracting business, landscape contracting business owner or landscape construction professional on probation pursuant to ORS 671.614. In placing a landscaping contracting business, landscaping contracting business owner or landscape construction professional on probation, the board may, in addition to imposing conditions outlined in 671.614(3) & (4), require that the landscaping contracting business, landscaping contracting business owner or landscape construction professional:

(1) Submit to the board copies of all written contracts entered into during the period of probation;

(2) Submit to the board copies of all billing invoices (or those that the board specifies) issued during the period of probation;

(3) Submit copies to the board of all permits required for landscaping work during the period of probation;

(4) Authorize the board to contact the customers of the landscaping contracting business and supply to the board the names, addresses and phone numbers of such customers; and

(5) Maintain a log of site visits and customer contacts during the period of probation.

Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 671.614
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

808-003-0230

Renewal of Landscaping Contracting Business and Landscape Construction Professional License

(1) Application for renewal of a landscape contracting business license shall comply with ORS 671.660 and be:

(a) Accompanied by:

(A) Required renewal fee; and

(B) Documentation of any unpaid court judgment, arbitration award or administrative agency final order entered or issued in any state that requires the applicant to pay damages arising out of the performance of, or a contract for, landscaping work issued on or after January 1, 2008, along with the status of any appeal or exceptions. For purposes of this rule and ORS 671.560 and 671.563, “applicant” has the same meaning as owner as defined in OAR 808-002-0734.

(b) On forms provided by the agency and the licensee shall update the following items:

(A) Mailing address;

(B) Assumed business name;

(C) Entity type;

(D) Employer status as required by ORS 671.525 and OAR 808-003-0090;

(E) Listing of owners/officers and percentage of ownership of each owner;

(F) List of landscape construction professional(s), with accompanying license numbers employed by the business;

(G) Bond amount as required by ORS 671.690 and OAR 808-003-0613;

(H) Insurance expiration date as required by OAR 808-003-0095; and

(I) Name of the owner/managing employee, if applicable as required by ORS 671.595

(2) Application for renewal of a landscape construction professional license shall comply with ORS 671.660 and be:

(a) Accompanied by:

(A) Required renewal fee; and

(B) Documentation of any unpaid court judgment, arbitration award or administrative agency final order entered or issued in any state that requires the applicant to pay damages arising out of the performance of, or a contract for, landscaping work issued on or after January 1, 2008, along with the status of any appeal or exceptions. For purposes of this rule and ORS 671.560 and 671.563, “applicant” has the same meaning as owner as defined in OAR 808-002-0734.

(b) On forms provided by the agency and the licensee shall update the following items:

(A) Mailing address;

(B) Name of landscape contracting business(es) individual is employed by, if applicable;

(C) Listing of continuing education courses completed, if applicable; and

(D) Signature of applicant.

(3) If a landscape construction professional is on active military duty, that servicemember may place a license on “inactive military” status, and may renew the license to “inactive military” status without paying the renewal fee. The sevicemember must submit a request in writing for “inactive military” status and submit written documentation that substantiates the licensee’s call to active duty. Only active duty and honorably discharged military personnel are exempt from LCB license renewal fees; but civilian and dishonorably discharged military personnel are not exempt.

(4) To convert an inactive military status license to active or inactive status upon an honorable discharge, the servicemember must submit a written request within 60 days from the date of discharge. If the holder of an inactive military status license does not make a timely application for reinstatement, the license will expire upon its expiration date and the holder must meet all reinstatement requirements in effect at the time of the reinstatement.

(5) If an applicant as defined in subsections (1) and (2) of this rule has any unpaid damages as stated in subsections (1) and (2) of this rule and there are no appeals or exceptions filed, the applicant must show current payments are being made. If payments are not being made, the Landscape Contractors Board may refuse to renew the license.

(6) If an applicant satisfies all requirements for license renewal before the expiration date:

(a) The license is renewed;

(b) The effective date of the license is the expiration date; and

(c) The license is valid until the last day of the anniversary month of the initial issues of the license.

(7) If an applicant satisfies all requirements for license renewal within two years after the expiration date:

(a) The license will be renewed;

(b) The effective date of the license is the date the agency updates the record; and

(c) The license is valid until the last day of the anniversary month of initial issuance of the license

(8) If an applicant satisfies all requirements for renewal more than two years after the expiration date, the license cannot be renewed or reissued. The applicant must apply for a new license under OAR 808-003-0015.

Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 671.568 & 671.574
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 6-2010, f. 8-12-10, cert. ef. 8-13-10; LCB 4-2012, f. 5-30-12, cert. ef. 6-1-12; LCB 9-2015, f. 12-22-15, cert. ef. 1-1-16; LCB 5-2016, f. & cert. ef. 5-23-16

808-003-0231

Restoration of a License that has not been Permanently Revoked

As provided in ORS 671.610(6) a license that has not been permanently revoked may be restored. This rule shall be effective as of July 1, 2012. The license may be restored under the following circumstances:

(1) Revocation for nonpayment of a claim under a final order of the board or an arbitration award or under a judgment rendered in this or any other state. To restore license, revoked licensee must pay the claim under a final order of the board, arbitration award, or judgment rendered in this or any other state in full, or make arrangements for payment of a claim under a final order of the Board if approved by the Board. If restored licensee fails to timely comply with payment arrangements approved by the Board, licensee is subject to revocation, including permanent revocation.

(2) Revocation for non-payment of civil penalty. To restore license, revoked licensee must pay all civil penalties assessed and owing in full, or make arrangements for payment of civil penalty approved by the board. If the restored licensee fails to timely comply with payment arrangements approved by the Board, licensee is subject to revocation, including permanent revocation.

Stat. Auth.: ORS 670.310 & 671.760
Stats. Implemented: ORS 671.610
Hist.: LCB 12-2014, f. & cert. ef. 12-1-14

808-003-0234

Inactive Military Status

(1) Active duty military licensees may place their license on inactive military status by submitting documentation that substantiates the call to active duty.

(2) Active duty military personnel are exempt from renewal and late fees. Civilian military personnel are not exempt from renewal and late fees.

(3) To renew a license to inactive military status, this request must be received in writing in the LCB office along with documentation that substantiates the call to active duty.

(4) Inactive military status licensees do not need to comply with the CEH requirements while on inactive military status and up to 60 days after an honorable discharge.

(5) Upon honorable discharge to convert a license form inactive military status to active status, the servicemember must submit a written request within 60 days from the date of discharge. No renewal or late fee will be charged until the first renewal date after conversion of that license. No CEH will be required until the first renewal date after conversion of that license.

Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented:
Hist.: LCB 5-2016, f. & cert. ef. 5-23-16

808-003-0235

Inactive Status Generally

(1) A licensee may not convert a license to inactive status if the licensee is engaged in work as a landscape contracting business or is operating as a landscape construction professional;

(2) A licensee may not offer to undertake, advertise for, submit a bid to, obtain a permit for, or perform landscaping work while in inactive status;

(3) A licensee shall notify the board of any change of address while in inactive status. While the licensee is inactive, the board will send notices and communications to the licensee at the licensee's last known address of record.

(4) To convert to inactive status:

(a) A licensee must have a current active license or a license that expired less than two years prior to the request for inactive status;

(b) If the licensee was subject to discipline or probation by the board, the licensee must satisfy any conditions imposed by the board as a result of the discipline;

(c) The licensee must submit a request to convert to inactive status on forms provided by the board; and

(d) The licensee must comply with OAR 808-003-0240 or 808-003-0245.

Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 671.568 & 671.574
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 6-2010, f. 8-12-10, cert. ef. 8-13-10

808-003-0240

Inactive Status Request at Renewal

(1) A request to convert a license to inactive status made at the time of renewal of the license must be accompanied by fees required under OAR 808-003-0130.

(2) If a license is converted to inactive status at the time of renewal of the license, the effective date of the renewed license shall be the expiration date of the previous license.

Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 671.568 & 671.574
Hist.: LCB 6-2005, f. 12-30-05, cert. ef. 1-1-06

808-003-0245

Inactive Status Request Other than at Renewal

(1) A request to convert a license to inactive status made prior to the expiration date of the license, but at a time other than the time of renewal of the license, will be accepted only if the licensee making the request has paid all applicable fees under OAR 808-003-0130.

(2) If a license is converted to inactive status prior to the expiration date of the license, but at a time other than the time of renewal of the license, the effective dates of the license will remain unchanged and the license will expire on the upcoming expiration date.

Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 671.568 & 671.574
Hist.: LCB 6-2005, f. 12-30-05, cert. ef. 1-1-06

808-003-0250

Renewal of Inactive Status

To renew an inactive license in an inactive status:

(1) The licensee must submit the request to renew the license in inactive status on forms provided by the board;

(2) The licensee must submit the fees required under OAR 808-003-0130.

Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 671.568 & 671.574
Hist.: LCB 6-2005, f. 12-30-05, cert. ef. 1-1-06

808-003-0255

Converting from Inactive to Active Status

(1) To convert a landscape contracting business license from inactive status to active status, a licensee must:

(a) Submit a request to convert to active status on forms provided by the board;

(b) Submit a surety bond, irrevocable letter of credit or deposit as required by ORS 671.690;

(c) Submit proof of insurance as required by ORS 671.565(1)(e); and

(d) Comply with all other licensing requirements as prescribed by the board.

(2) To convert a landscape construction professional license from inactive status to active status, a licensee must:

(a) Submit a request to convert to active status on forms provided by the board;

(b) Comply with the continuing education requirements of OAR 808-040-0080; and

(c) Comply with all other licensing requirements as prescribed by the Board.

(3) If a licensee requests conversion from an inactive to active status at the time of renewal, the licensee must submit all fees required under OAR 812-003-0130.

(4) If a licensee requests conversion from inactive to active status other than at the time of renewal, the licensee must be current to date upon all fees due and owing under OAR 812-003-0130.

(5) If a license is converted from inactive to active status, the board shall establish the effective date of the license. The expiration date of the license will remain unchanged.

Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 671.568 & 671.574
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 6-2010, f. 8-12-10, cert. ef. 8-13-10

808-003-0260

Independent Contractor

(1) Purpose of Rule. The Landscape Contractors Board, Department of Revenue, Department of Consumer and Business Services, Employment Department, and Construction Contractors Board must adopt rules together to carry out ORS 670.600. ORS 670.600 defines "independent contractor" for purposes of the programs administered by these agencies. This rule is intended to ensure that all five agencies apply and interpret ORS 670.600 in a consistent manner; to clarify the meaning of terms used in ORS 670.600; and, to the extent possible, to enable interested persons to understand how all five agencies will apply ORS 670.600.

(2) Statutory Context.

(a) ORS 670.600 generally establishes three requirements for "independent contractors". One requirement is that an "independent contractor" must be engaged in an "independently established business." Another requirement is related to licenses and certificates that are required for an "independent contractor" to provide services. A third requirement is that an "independent contractor" must be "free from direction and control over the means and manner" of providing services to others.

(b) The specific focus of this rule is the "direction and control" requirement. See ORS 670.600 for the requirements of the "independently established business" test and for licensing and certification requirements.

(3) Direction and Control Test.

(a) ORS 670.600 states that an "independent contractor" must be "free from direction and control over the means and manner" of providing services to others. The agencies that have adopted this rule will use the following definitions in their interpretation and application of the "direction and control" test:

(A) "Means" are resources used or needed in performing services. To be free from direction and control over the means of providing services an independent contractor must determine which resources to use in order to perform the work, and how to use those resources. Depending upon the nature of the business, examples of the "means" used in performing services include such things as tools or equipment, labor, devices, plans, materials, licenses, property, work location, and assets, among other things.

(B) "Manner" is the method by which services are performed. To be free from direction and control over the manner of providing services an independent contractor must determine how to perform the work. Depending upon the nature of the business, examples of the "manner" by which services are performed include such things as work schedules, and work processes and procedures, among other things.

(C) "Free from direction and control" means that the independent contractor is free from the right of another person to control the means or manner by which the independent contractor provides services. If the person for whom services are provided has the right to control the means or manner of providing the services, it does not matter whether that person actually exercises the right of control.

(b) Right to specify results to be achieved. Specifying the final desired results of the contractor's services does not constitute direction and control over the means or manner of providing those services.

(4) Application of "direction and control" test in construction and landscape industries.

(a) The provisions of this section apply to:

(A) Architects licensed under ORS 671.010 to 671.220;

(B) Landscape architects licensed under ORS 671.310 to 671.479;

(C) Landscaping businesses licensed under ORS 671.510 to 671.710;

(D) Engineers licensed under ORS 672.002 to 672.325; and

(E) Construction contractors licensed under ORS Chapter 701.

(b) A licensee described in (4)(a), that is paying for the services of a subcontractor in connection with a construction or landscape project, will not be considered to be exercising direction or control over the means or manner by which the subcontractor is performing work when the following circumstances apply:

(A) The licensee specifies the desired results of the subcontractor's services by providing plans, drawings, or specifications that are necessary for the project to be completed.

(B) The licensee specifies the desired results of the subcontractor's services by specifying the materials, appliances or plants by type, size, color, quality, manufacturer, grower, or price, which materials, appliances or plants are necessary for the project to be completed.

(C) When specified by the licensee's customer or in a general contract, plans, or drawings and in order to specify the desired results of the subcontractor's services, the licensee provides materials, appliances, or plants, including, but not limited to, roofing materials, framing materials, finishing materials, stoves, ovens, refrigerators, dishwashers, air conditioning units, heating units, sod and seed for lawns, shrubs, vines, trees, or nursery stock, which are to be installed by subcontractors in the performance of their work, and which are necessary for the project to be completed.

(D) The licensee provides, but does not require the use of, equipment (such as scaffolding or fork lifts) at the job site, which equipment is available for use on that job site only, by all or a significant number of subcontractors requiring such equipment.

(E) The licensee has the right to determine, or does determine, in what sequence subcontractors will work on a project, the total amount of time available for performing the work, or the start or end dates for subcontractors working on a project.

(F) The licensee reserves the right to change, or does change, in what sequence subcontractors will work on a project, the total amount of time available for performing the work, or the start or end dates for subcontractors working on a project.

(5) As used in ORS chapters 316, 656, 657,671 and 701, an individual or business entity that performs labor or services for remuneration is considered to perform the labor or services as an "independent contractor" if the standards of ORS 670.600 and this rule are met.

(6) The Landscape Contractors Board, Construction Contractors Board, Employment Department, Department of Consumer and Business Services, and Department of Revenue of the State of Oregon, under the authority of ORS 670.605, will cooperate as necessary in their compliance and enforcement activities to ensure among the agencies the consistent interpretation and application of ORS 670.600.

Stat. Auth.: ORS 670.600 & 671.670
Stats. Implemented: ORS 670.600
Hist.: LCB 5-2005, f. 12-30-05, cert. ef. 1-1-06; LCB 1-2007, f. 1-30-07, cert. ef. 2-1-07

808-003-0440

Notification of Conviction of a Crime

A sole proprietor or partner in a partnership or individual landscape construction professional licensed by the agency who is convicted of a crime listed in ORS 671.610(1)(q) must notify the agency in writing within 30 days from the date of the entry of the judgment of conviction.

Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 671.560, 671.565, 671.610, 671.703
Hist.: LCCB 3-2007, f. & cert. ef. 8-1-07; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08

808-003-0450

License Fitness Standards

(1) In considering whether to sanction an applicant or licensee pursuant to ORS 671.610(1)(q), the agency shall consider whether the applicant’s or licensee’s criminal conduct is substantially related to the fitness and ability of the applicant or licensee to engage in landscaping work. Fitness to engage in landscaping work includes, but is not limited to, the ability to refrain from the violent, threatening, intimidating or sexually predatory behavior. Factors to be considered in suspending, revoking or refusing to issue or renew a license include, but are not limited to, the date of the offense and the circumstances of the crime. In addition, factors relating to rehabilitation, or lack thereof, as evidence by intervening events include, but are not limited to: failure to complete the criminal sentence, including probation or parole; failure to complete court ordered treatment; or failure to pay court ordered restitution.

(2) Upon notice and request from the agency, it will be the duty of an applicant or licensee to provide the requested information in order for the agency to conduct a criminal background check as authorized by ORS 671.610(1)(q). Requested information includes, but is not limited to police reports, record of conviction, parole or probation reports, restitution records, counseling reports, and letters of recommendation.

(3) Failure to provide requested information in (2) of this section may result in a suspension, revocation or refusal to issue or renew a license.

Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 671.560, 671.565, 671.610 & 671.703
Hist.: LCCB 3-2007, f. & cert. ef. 8-1-07; LCB 10-2008, f. & cert. ef. 11-6-08

808-003-0610

Bonds, Generally

(1) A properly executed Landscape Contractors Board bond must:

(a) Be in the form required by the agency as the Landscape Contractors Board Surety Bond.

(b) Be signed by an authorized agent of the surety or by one having power of attorney; must bear a bond number; and must be filed within the time stated on the bond. Additionally, the agency may require the licensee and surety to use the most recent revision of the surety bond form.

(2) Bond documents received at the agency office from a surety company or agent via electronic facsimile or as a PDF file transmitted by e-mail or electronically may be accepted as original documents. The surety must provide the original bond document to the agency upon request.

Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 671.690
Hist.: LCB 7-2009, f. & cert. ef. 10-28-09; LCB 11-2009(Temp), f. & cert. ef. 12-1-09 thru 5-30-10; LCB 4-2010, f. & cert. ef. 6-2-10; LCB 7-2015(Temp), f. 10-16-15, cert. ef. 10-17-15 thru 12-31-15; LCB 9-2015, f. 12-22-15, cert. ef. 1-1-16

808-003-0611

Letters of Credit or Deposits, Generally

(1) A properly executed Landscape Contracting Business Assignment of Savings or Deposit must:

(a) Be in the form required by the agency as the Landscape Contracting Business Assignment of Savings Account or Deposit.

(b) Be signed by an owner or officer of the landscape contracting business;

(c) Be signed by an authorized agent of the bank or financial institution or by one having power of attorney and must bear an account number. Additionally, the agency may require the licensee and bank or financial institution to use the most recent revision of the Assignment of Savings Account or Deposit form; and

(2) Letters of credit or cash assignment documents received at the agency office from a bank or financial institution via electronic facsimile or as a PDF file transmitted by e-mail or electronically may be accepted as original documents. The bank or financial institution must provide the original documents to the agency upon request.

(3) Letters of credit or cash assignment documents must be renewed every year upon renewal of the landscape contracting business license.

Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 671.690
Hist.: LCB 7-2009, f. & cert. ef. 10-28-09; LCB 9-2015, f. 12-22-15, cert. ef. 1-1-16

808-003-0612

Entity Name Required on Bond, Letter of Credit or Cash Deposit

(1) The name of the entity as it appears on the bond, letter of credit or cash deposit must be the same as the name on the landscape contracting business license application or license of record with the agency and the same entity name filed at the Oregon Corporation Division (if applicable).

(a) If the entity is a sole proprietorship, the bond, letter of credit or cash deposit must include the name of the sole proprietor;

(b) If the entity is a partnership, or joint venture, the bond, letter of credit or cash deposit must include the names of all partners (except limited partners);

(c) If the entity is a limited liability partnership, the bond, letter of credit or cash deposit must be issued in the name of all partners and the name of the limited liability partnership;

(d) If the entity is a limited partnership, the bond, letter of credit or cash deposit must be issued in the name of all general partners and the name of the limited partnership and any other business names(s) used. Limited partners do not need to be listed on the bond, letter of credit or cash deposit;

(e) If the entity is a corporation or trust, the bond, letter of credit or cash deposit must be issued showing the corporate or trust name; or

(f) If the entity is a limited liability company, the bond, letter of credit or cash deposit must be issued in the name of the limited liability company.

(2) The inclusion or exclusion of business name(s) on a bond, letter of credit or cash deposit does not limit the liability of a landscape contracting business. Claims against a licensed landscape contracting business will be processed regardless of business names used by an entity.

(3) If the bond, irrevocable letter of credit or deposit is reduced to less than the amount required by ORS 671.690 or OAR 808-003-0113, the landscape contracting business shall immediately file a replacement bond, a replacement irrevocable letter of credit, a rider on the existing bond, an amended irrevocable letter of credit, or increase the deposit permitted by ORS 671.690(3), if applicable, so that the amount on deposit is equal to or greater than the amount required by ORS 671.690 or OAR 808-003-0613.

Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 671.690
Hist.: LCB 7-2009, f. & cert. ef. 10-28-09

808-003-0613

Bond, Letter of Credit or Cash Deposit Amounts

(1) Except as provided in subsection (2) below, a surety bond, letter of credit or cash deposit required under ORS 671.690 must be in one of the following amounts:

(a) $3,000 for an applicant, unless the applicant is described in subsections (b), (c), (d) or (e) of this rule.

(b) $10,000 for an applicant, who not in conjunction with the performance of landscaping work, constructs fences, decks, arbors, patios, landscape edging, driveways, walkways or retaining walls, unless the applicant is made subject to paragraph (c) of this subsection by work on other jobs performed by the applicant.

(c) $10,000 for an applicant who charges more than $10,000, but less than $25,000, for a landscape job.

(d) $15,000 for an applicant who charges $25,000, but less than $50,000 for a landscape job.

(e) $20,000 for an applicant who charges $50,000 or more for a landscape job.

(e) $15,000 for a Probationary All Phase Plus Backflow license phase.

(2) A landscape contracting business may obtain or maintain a bond, letter of credit or cash deposit in an amount that exceeds the amount required under section (1) of this rule if the bond, letter of credit or cash deposit obtained or maintained is in an amount that is equal to an amount required under section (1) of this rule.

(3) A landscape contracting business is subject to a higher bond, letter of credit or cash deposit before the landscape contracting business submits a bid or contract to a customer, whichever occurs first.

(4) A landscape contracting business must increase or file an additional bond, letter of credit or cash deposit when the cost of the landscape project makes the licensee subject to a higher bond, letter of credit or cash deposit.

Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 671.690
Hist.: LCB 7-2009, f. & cert. ef. 10-28-09; LCB 9-2015, f. 12-22-15, cert. ef. 1-1-16

808-003-0614

Effective and Cancellation Dates of the Bond, Letter of Credit or Cash Deposit

(1) The bond effective date is the date as stated on the Landscape Contracting Business Surety Bond form.

(2) The bond shall remain in effect and be continuous until cancelled by the surety or until the landscape contracting business no longer meets the requirements for licensing as determined by the agency, whichever comes first.

(3) A bond may be cancelled by the surety only after the surety has given 30 days' notice to the agency. Cancellation will be effective no less than 30 days after receipt of the cancellation notice.

(4) Upon cancellation of the bond, or cancellation without an authorized release by the agency of a letter of credit or cash deposit the agency may immediately suspend the landscape contracting business as provided for in ORS 671.610(2)(a).

(5) The letter of credit or cash deposit effective date is the date the landscape contracting business meets all requirements for licensing or renewal.

(6) The letter of credit or cash deposit shall remain in effect for one year after the expiration, suspension, termination or approval of inactive status and may only be released by the agency.

(7) The bond, letter of credit or cash deposit shall be subject to final orders as described in OAR 808-004-0600.

Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 671.690, 671.707 & 671.710
Hist.: LCB 7-2009, f. & cert. ef. 10-28-09

808-003-0615

New Bond, Letter of Credit or Cash Deposit Required for Change in Entity

(1) If a landscape contracting business is licensed as a sole proprietorship, partnership, limited liability partnership, limited partnership, joint venture, corporation, limited liability company, business trust or any other entity and seeks to change the licensed entity to one of the other entity types and a new license is required, the application must be accompanied by a new:

(a) Bond separate from the bond held for the previous entity;

(b) Letter of credit separate from the letter of credit held for the previous entity; or

(c) Cash deposit separate from the previous cash deposit held for the previous entity.

(2) Riders to existing bonds issued for changing the type of business entity bonded will only be accepted if a new license is not required per OAR 808-003-0100(3). If a new license is required the landscape contracting business must file a new bond.

Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 671.690
Hist.: LCB 7-2009, f. & cert. ef. 10-28-09

808-003-0616

Restoration of Bond, Letter of Credit or Cash Deposit after Payment on Claim

If a surety company or financial institution pays all or part of a claim against a licensed landscape contracting business, the agency must suspend or refuse to issue or reissue the landscape contracting business license until the landscape contracting business submits to the agency:

(1) A properly executed bond, letter of credit or cash deposit in the amount required under ORS 671.690 and OAR 808-003-0113; or

(2) A certificate from the landscape contracting businesses surety company or financial institution that the surety company or financial institution remains liable for the full original penal sum of the bond, letter of credit or cash deposit, notwithstanding the payment from the surety bond letter of credit or cash deposit.

Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 671.690
Hist.: LCB 7-2009, f. & cert. ef. 10-28-09

808-003-0620

Workers’ Compensation Insurance

(1) A nonexempt applicant for the landscape contracting business license or renewal shall submit a "Certificate of Insurance" (certificate) from an insurance company authorized to do business in Oregon, as required by ORS 671.565 and will continue to meet those insurance requirements for as long as the applicant is licensed. The certificate shall include the name of the insurance company, policy number, and coverage amount.

(2) The name of the entity as it appears on the certificate must be the same as the name on the landscape contracting business license application or license of record with the agency and the same entity name filed at the Oregon Corporation Division (if applicable).

(3) A landscape contracting business must continuously have in effect workers’ compensation insurance during the licensing period to maintain an active license if the landscape contracting business has employees.

(4) A new certificate must be on file with the agency prior to the expiration date on the previous certificate. If the policy expires and a new certificate is not received on or before 5 pm on the day of policy expiration and the landscape contracting business has not changed the employer status designation to exempt, the agency may suspend the landscape contracting business license.

(5) Upon cancellation of the workers’ compensation insurance required under ORS 671.565 the agency may immediately suspend the landscape contracting business license as provided for in 671.610(2)(c).

(6) If a landscape contracting business is licensed as a sole proprietorship, partnership, limited liability partnership, limited partnership, joint venture, corporation, limited liability company, business trust or any other entity and seeks to change the licensed entity to one of the other entity types and a new license is required, the application must be accompanied by a new certificate.

(7) A landscape contracting business that is licensed as exempt and has entered into a contract with a worker leasing company or temporary service provider for the supplying of workers shall provide documentation to the agency within 10 days of entering into the contract that the landscape contracting business has verified the maintenance of the workers’ compensation insurance coverage for all employees supplied by the leasing company or temporary service provider for the use of the landscape contracting business. Such verification must also be provided during an investigation or site check or at any other time the agency requests it.

Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 671.565, 671.610 & 2011 OL Ch. 283
Hist.: LCB 13-2011, f. 12-29-11, cert. ef. 1-1-12

Examination, Generally

808-003-0700

Applications, Generally

(1) Applications for a landscape construction professional license must be submitted on a form provided by the agency and must be accompanied by the appropriate fee(s). The act of filing an application with the agency constitutes an agreement by the applicant to observe and comply with the procedures and policies of any exam provider, including, but not limited to deadlines, payment requirements, and review, appeal, or cheating policies.

(2) An application will not be reviewed by the agency until the appropriate fee(s) and all required supporting documents have been received.

(3) Applicants shall pay the application fee and, if required, the exam fee designated in OAR 808-003-0710 to the agency. All other fees associated with the exam are required to be paid to the exam provider. Application and exam fees are non-refundable. If an applicant fails to appear for a scheduled test at an approved test center, all fees paid will be forfeited for the examinations scheduled on that day.

(4) Applicants shall specify on the application the type of exam they wish to take (written exam or the practical skills test).

(5) An applicant may change the type of exam they wish to take.

(a) If an applicant wishes to take the practical skills test after submitting an application for the written exam, the applicant needs to submit a registration form as required in OAR 808-003-0910.

(b) If an applicant wishes to take the written exam after submitting an application for the practical skills test, the applicant must schedule the written exam with the exam provider.

Stat. Auth.: ORS 671
Stats. Implemented: ORS 671.561 & 671.570
Hist.: LCB 2-2016, f. & cert. ef. 5-23-16

808-003-0710

Fees

(1) Landscape Construction Professional License Application Fee, $100

(2) Written exam fee:

(a) Written exam taken through PSI, pay directly to the exam provider.

(b) Written exam taken same day as practical skills exam, $75 for the first section & $10 for each additional section per sitting, pay the agency.

(3) Practical skills test fee, pay the agency:

(a) $120 Administrative fee; and

(b) $60 per practical skills section.

(4) Retake fees. An applicant must pay the fees in subsection (2) & (3) of this rule if an applicant wants to retake any sections/modules of the exam/test.

(5) Expiration of application. An applicant must pay the application fee in subsection (1) of this rule if the application has expired as stated in OAR 808-003-0030(2) & (3).

Stat. Auth.: ORS 671
Stats. Implemented: ORS 671.561 & 671.570
Hist.: LCB 2-2016, f. & cert. ef. 5-23-16

808-003-0720

Change to Limited Licenses, Generally

(1) Landscape construction professionals holding limited licenses may change that phase of license by passing additional sections of the exam. Licensees shall submit a registration form to take the additional sections of the practical skills test as required in OAR 808-003-0910 or obtain their candidate identification number from the agency to take the written exam.

(2) To change a license to a Standard license:

(a) Holders of a Sod & Seed License or Tree license must pass:

(A) The following written exam sections: Plants and Turf, Design, Grading and Drainage, and Hardscaping sections, or

(B) The written Hardscaping exam section and the following practical skills modules: Plant ID, Tree Planting and Staking, Sod Installation, Plant Layout, Grading & Drainage, and Instruments and the practical skills written modules for Plants and Turf and for Design, Grading and Drainage; or

(C) A combination of written exam sections and practical skills modules and written modules as stated in OAR 808-003-0750.

(b) Holders of a Planting license must pass the written Hardscaping exam section.

(3) To change to a Planting License holders of a Sod & Seed license or a Tree license must pass:

(a) The following written exam sections: Plants and Turf and Design, Grading and Drainage, or

(b) The following practical skills modules: Plant ID, Tree Planting and Staking, Sod Installation, Plant Layout, Grading & Drainage, and Instruments and the practical skills written modules for Plants and Turf and for Design, Grading and Drainage; or

(c) A combination of written exam sections and practical skills modules and written modules as stated in OAR 808-003-0750.

(4) To change a license to an All Phase Plus Backflow license:

(a) Holders of a Sod & Seed license or Tree license must pass:

(A) The following written exam sections: Plants and Turf, Design, Grading and Drainage, Hardscaping, Irrigation, and Backflow; or

(B) The following practical skills test modules: Plant ID, Tree Planting and Staking, Sod Installation, Plant Layout, Grading & Drainage, and Instruments and the practical skills written modules for Plants and Turf and for Design, Grading and Drainage, and Irrigation; or

(C) A combination of written exam sections and practical skills modules and written modules as stated in OAR 808-003-0750.

(b) Holders of a Planting license must pass

(A) The following written exam sections: Hardscaping, Irrigation and Backflow exam sections; or

(B) The following written exam sections: Hardscaping and Backflow sections and the following practical skills test modules: Lateral Repair & Head Adjustment, Lateral Installation, Mainline Installation, Valve Repair, and Valve Wiring and the practical skills written modules for Irrigation; or

(c) A combination of written exam sections and practical skills modules as stated in OAR 808-003-0750.

(5) To add Planting to holders of an Irrigation plus Backflow license the landscape construction professional must pass:

(a) The following written exam sections: Plants and Turf and Design, Grading and Drainage sections, or

(b) The following practical skills modules: Plant ID, Tree Planting and Staking, Sod Installation, Plant Layout, Grading & Drainage, and Instruments and the practical skills written modules for Plants and Turf and for Design, Grading and Drainage; or

(c) A combination of written exam sections and practical skills modules and written modules as stated in OAR 808-003-0750.

(6) To add Irrigation plus Backflow to holders of a Planting license the landscape construction professional must pass:

(a) The following written exam sections: Irrigation and Backflow; or

(b) The written Backflow section and the following practical skills modules: Lateral Repair & Head Adjustment, Lateral Installation, Mainline Installation, Valve Repair, and Valve Wiring and the practical skills written modules for Irrigation; or

(c) A combination of written exam sections and practical skills modules as stated in OAR 808-003-0750.

Stat. Auth.: ORS 671
Stats. Implemented: ORS 671.560, 671.561 & 671.570
Hist.: LCB 2-2016, f. & cert. ef. 5-23-16

808-003-0730

Passing Scores, Probationary and Owner, Managing Employee

(1) A passing score for an applicant for a Probationary All Phase Plus Backflow license will expire upon expiration of the application as stated in OAR 808-003-0030(3).

(2) A passing score of the Laws, Rules, and Business Practice section will remain valid for any applicant that passed this section and has been the managing employee or managing owner of a licensed landscape contracting business within two years; otherwise the scores will remain valid for up to one year from the date of the receipt of an application for licensing.

Stat. Auth.: ORS 671
Stats. Implemented: ORS 571
Hist.: LCB 2-2016, f. & cert. ef. 5-23-16

808-003-0740

Translation of Exam

(1) Pursuant to ORS 671.570(3) & ORS 671.617(2) all exams will be given in the English language, unless otherwise requested as required in subsection (2) of this rule.

(2) An applicant must notify the exam provider if they wish to take any section of the exam in Spanish.

Stat. Auth.: ORS 671
Stats. Implemented: ORS 671.570
Hist.: LCB 2-2016, f. & cert. ef. 5-23-16

808-003-0750

Combination of Written Exam Sections and Practical Skills Modules and Written Modules

(1) Pursuant to OAR 808-003-0750 an applicant may pass a combination of specific sections of the written exam and specific sections of the practical skills test to obtain the license or change the license phase.

(2) If an applicant passes all the required modules of the practical skills test as stated in OAR 808-003-0920, the applicant must pass the:

(a) Hardscaping section of the written exam in order to hold a Standard license.

(b) Backflow section of the written exam in order to hold an Irrigation plus Backflow license.

(c) Hardscaping and Backflow written exam in order to hold an All Phase plus Backflow license.

(3) An applicant taking the practical skills test may take and pass the Laws, Rules & Business Practices exam section in lieu of completing the business class required under ORS 671.561(6).

(4) Except as provided in subsection 5 of this rule an applicant taking only the written exam sections cannot take the business class in lieu of passing the Laws, Rules & Business Practices exam.

(5) An applicant may take the business class in lieu of the Laws, Rules & Business Practices written exam section if at least the Plants & Turf or Design, Grading & Drainage or Irrigation modules and written modules of the practical skills test is passed.

(6) Except as provided in subsection (9) & (10) of this rule, a passing score on the written exam shall be valid for one year from the date the exam section was taken. An applicant who fails to pass all the sections required for a particular license and obtain that license within one year of passing a section shall retake that section.

(7) Except as provided in subsection (9) & (10) of this rule, a passing score for the practical skill modules and the practical skills written modules are valid for two years from the date the module was taken. An applicant who fails to pass all the modules required for a particular license and obtain that license within two years of passing a module shall retake that module.

(8) A combination of subsection (6) & (7) of this rule does not change the length of time scores are valid.

(9) A passing score for an applicant for a Probationary All Phase Plus Backflow license will expire as stated in OAR 808-003-0030(3).

(10) A passing score of the Laws, Rules and Business Practice section will remain valid for any applicant that passed this section and has been the managing employee or managing owner of a licensed landscape contracting business within two years; otherwise the scores will remain valid for up to one year from the date of the receipt of an application for licensing.

Stat. Auth.: ORS 671
Stats. Implemented: ORS 671.561 & 671.570
Hist.: LCB 2-2016, f. & cert. ef. 5-23-16

Written Examination

808-003-0800

Written Examination Sections

(1) The exam will consist of the following sections:

(a) Laws, Rules and Business Practice

(b) Plants and Turf;

(c) Design, Grading and Drainage;

(d) Hardscaping;

(e) Irrigation Systems; and

(f) Backflow installation of irrigation and ornamental water feature backflow assemblies.

(2) To obtain an All Phase plus Backflow License, the applicant must successfully pass the Laws, Rules and Business Practice, Plants and Turf, Design, Grading and Drainage, Hardscaping, Irrigation and Backflow sections.

(3) To obtain a Standard license, the applicant must successfully pass the Laws, Rules and Business Practice, Plants and Turf, Design, Grading and Drainage, and Hardscaping sections.

(4) To obtain an Irrigation license, the applicant must successfully pass the Laws, Rules and Business Practice, Irrigation and Backflow sections.

(5) To obtain a Planting license the applicant must successfully pass the Laws, Rules and Business Practice, Plants and Turf, and Design, Grading and Drainage sections.

(6) To obtain a Probationary All Phase plus Backflow License, the applicant must successfully pass the Laws, Rules and Business Practice, Plants and Turf, Design, Grading and Drainage, Hardscaping, Irrigation and Backflow Prevention sections within 12 months after the first sitting of any section of the examination.

Stat. Auth.: ORS 671
Stats. Implemented: ORS 671.570
Hist.: LCB 2-2016, f. & cert. ef. 5-23-16

808-003-0810

Written Examination Testing Requirements

(1) An applicant may schedule testing at an approved testing center in Oregon or in another jurisdiction after receipt of a letter of authorization from the agency.

(2) An applicant must pay the exam fee directly to the approved exam provider.

(3) Applicants may bring:

(a) A non-programmable calculator that is silent, battery operated, does not have paper tape printing capabilities, and does not have a keyboard containing the alphabet.

(b) One language translation dictionary or electronic translating device if English is not the first language of the applicant. No notes or writing on or in these translation aids is allowed.

(4) Applicants will be provided all other exam material by the testing center in Oregon. If an applicant takes the exam in another state, that testing center may not have the exam materials. In those cases, the applicant must complete the exam without the exam materials. Except as provided in subsection (3) of this rule the applicant’s own exam materials are not allowed in a testing center.

Stat. Auth.: ORS 671
Stats. Implemented: ORS 671.570
Hist.: LCB 2-2016, f. & cert. ef. 5-23-16

808-003-0820

Scoring of Written Examinations

(1) Each written exam section shall be scored separately.

(2) Based on 100 percent, the passing score for a written exam shall be 75 percent or higher for each section.

(3) Except as provided in OAR 808-003-0730 a passing score for a written exam section shall be valid for one year from the date the exam section was taken. An applicant who fails to pass all the sections required for a particular license within one year of passing a section shall retake that section.

(4) A passing score for a written exam section taken on July 1, 2016 or later shall be valid for two years from the date the exam section was taken. An applicant who fails to pass all the sections required for a particular license within two years of passing a section shall retake that section.

Stat. Auth.: ORS 671
Stats. Implemented: ORS 671.570
Hist.: LCB 2-2016, f. & cert. ef. 5-23-16

808-003-0830

Written Examination Retakes

(1) An applicant wanting to retake any written exam section must schedule testing at an approved testing center in Oregon or in another jurisdiction as stated in OAR 808-003-0810.

(2) An applicant must pay the exam fee directly to the approved testing center.

Stat. Auth.: ORS 671
Stats. Implemented: ORS 671.570
Hist.: LCB 2-2016, f. & cert. ef. 5-23-16

808-003-0840

Appeal of Written Exam Results

An applicant who fails any section of the written exam may not appeal those results to the agency.

Stat. Auth.: ORS 671
Stats. Implemented: ORS 671.570
Hist.: LCB 2-2016, f. & cert. ef. 5-23-16

808-003-0850

Cheating on the Exam

(1) An applicant who is caught cheating during the examination:

(a) May not receive a result for any sections of the exam for the current sitting;

(b) Will forfeit the exam fee;

(c) May not retake any sections of the exam for 30 days; and

(d) Must submit a new exam fee.

(2) Actions that may be considered cheating include, but are not limited to:

(a) Copying answers from another applicant during the examination;

(b) Giving, receiving, soliciting, or attempting to give, receive, or solicit aid or examination data during the exam process, either directly or indirectly,

(c) Unauthorized communication with another individual, in or out of the examination room, during the examination;

(d) Using unauthorized written materials, notes or equipment during the examination; or

(e) Removing examination materials, such as a question booklet page, in whole or in part, from the exam.

Stat. Auth.: ORS 671
Stats. Implemented: ORS 671.570
Hist.: LCB 2-2016, f. & cert. ef. 5-23-16

Practical Skills Testing

808-003-0900

Practical Skills Testing, Generally

(1) As used in OAR Chapter 808, Division 003 LICT-E is the Landscape Industry Certified Technician Exterior test (commonly known as the CLT) that is owned and governed by the National Association of Landscape Professionals (NALP) and offered by the Oregon Landscape Contractors Association (OLCA) in Oregon.

(2) The practical skills test will consist of specific modules of the LICT-E exam and practical skills written modules of specific sections of the written exam as stated in OAR 808-003-0920.

(3) The number of applicants allowed to participate in the LICT-E test offered by OLCA may be limited based on OLCA’s ability to accommodate all applicants.

(4) To obtain a specific phase of a landscape construction professional license by taking only the practical skills test, an application must:

(a) Pass all modules as required in OAR 808-003-0920; and

(b) Pass the practical skills written modules of the written exam as required in OAR 808-003-0920; and

(c) Pass the written Backflow section for an irrigation license; and

(d) Complete the business class as required in OAR 808-003-0980 or pass the Laws, Rules & Business Practices Section of the written exam.

(5) The practical skills written modules of the written exam shall be offered on paper on the same day as the practical skills test and offered throughout the year at the approved testing centers in Oregon or in another jurisdiction.

Stat. Auth.: ORS 671
Stats. Implemented: ORS 671.561
Hist.: LCB 2-2016, f. & cert. ef. 5-23-16

808-003-0910

Registration for the Practical Skills Test

An applicant that wishes to take the practical skills test must submit a registration form to the agency no later than June 15th to take the LICT-E test in July of that same year.

Stat. Auth.: ORS 671
Stats. Implemented: ORS 671.561
Hist.: LCB 2-2016, f. & cert. ef. 5-23-16

808-003-0920

Practical Skills Test Modules

(1) Specific modules of the LICT-E test must be passed to obtain a landscape construction professional license phase for Planting or Irrigation.

(2) The Backflow section shall remain a written examination and is not available to be taken through the practical skills test provider.

(3) The practical skills modules will consist of the following:

(a) Modules from the LICT-E exam:

(A) Plant ID;

(B) Tree Planting and Staking;

(C) Sod Installation;

(D) Plant Layout;

(E) Grading & Drainage;

(F) Instruments;

(G) Lateral Repair & Head Adjustment;

(H) Lateral Installation;

(I) Mainline Installation;

(J) Valve Repair;

(K) Valve Wiring; and

(b) Written questions from the LCB written exam from the following sections:

(A) Plants and Turf;

(B) Design, Grading & Drainage; and

(C) Irrigation.

(4) The practical skills written modules will consist of the following:

(a) Plants and Turf;

(b) Design, Grading and Drainage; and

(c) Irrigation.

(5) Except as provided in subsection (6) of this rule to obtain a Planting license through the practical skills test, the applicant must:

(a) Complete the business class required in ORS 671.561(6) and OAR 808-003-0980;

(b) Pass the Plant ID, Tree Planting and Staking, Sod Installation, Plant Layout, Grading & Drainage, and Instruments modules of the LICT-E exam; and

(c) Pass the practical skills written modules for the Plants & Turf section and the Design, Grading & Drainage section.

(6) Except as provided in subsection (6) of this rule to obtain an Irrigation plus backflow license through the practical skills test, the applicant must:

(a) Complete the business class required in ORS 671.561(6);

(b) Pass the written Backflow exam as stated in subsection (2) of this rule;

(c) Pass the Lateral Repair & Head Adjustment, Lateral Installation, Mainline Installation, Valve Repair, and Valve Wiring modules of the LICT-E exam; and

(d) Pass the practical skills written modules for the Irrigation section.

(7) An applicant may successfully pass the Laws, Rules & Business Practices section of the written test in lieu of the business class required under ORS 671.561(6) and OAR 808-003-0980.

Stat. Auth.: ORS 671
Stats. Implemented: ORS 671.561
Hist.: LCB 2-2016, f. & cert. ef. 5-23-16

808-003-0930

Scoring of Practical Skills Test Modules

(1) Each practical skills module and written module will be scored separately.

(2) Pursuant to ORS 671.561(5), the passing score for a practical skills test shall be 70 percent or higher for each section.

(3) Except as provided in OAR 808-003-0730 a passing score for a practical skills module and written module shall be valid for two years. An applicant who fails to pass all the modules required for a particular license and obtain that license within two years of passing a module shall retake that module.

Stat. Auth.: ORS 671
Stats. Implemented: ORS 671.561
Hist.: LCB 2-2016, f. & cert. ef. 5-23-16

808-003-0940

Practical Skills Test Retakes

(1) An applicant wanting to retake any practical skills test modules must schedule testing by submitting a registration form to the LCB office no later than June 15th of each year.

(2) An applicant wanting to retake any of the practical skills written modules may do so by either:

(a) Submitting a Registration Form to the LCB office no later than June 15th to take these tests at the practical skills test site in July of that year; or

(b) Scheduling an exam appointment at an approved testing center.

(3) An applicant must pay the exam fee as required in OAR 808-003-0710 to retake any modules or sections.

Stat. Auth.: ORS 671
Stats. Implemented: ORS 671.561
Hist.: LCB 2-2016, f. & cert. ef. 5-23-16

808-003-0950

Cheating on Any Portion of the Practical Skills Test

(1) An applicant caught cheating during a practical skills test module that is referred to the agency by the LICT-E exam provider may not receive a result for any modules of that exam.

(2) An applicant caught cheating on the practical skills written modules:

(a) May not receive a result for any sections of that exam sitting;

(b) Will forfeit the exam fee; and

(c) Must submit a new exam fee.

(3) Actions that may be considered cheating include, but are not limited to:

(a) Copying answers from another applicant during the examination;

(b) Giving, receiving, soliciting, or attempting to give, receive, or solicit aid or examination data during the exam process, either directly or indirectly,

(c) Unauthorized communication with another individual, in or out of the examination room or site, during the examination;

(d) Using unauthorized written materials, notes or equipment during the examination; or

(e) Removing examination materials from the exam.

Stat. Auth.: ORS 671
Stats. Implemented: ORS 671.561
Hist.: LCB 2-2016, f. & cert. ef. 5-23-16

808-003-0960

Transfer and Conversion of Exam Scores

(1) Effective July 2016 the agency will grant credit to an applicant who has passed the specific modules of the LICT-E exam as stated in OAR 808-003-0760 if:

(a) The agency is able to obtain the scores from that exam provider; and

(b) Those scores are within the last two years.

(2) To be considered equivalent to passing the Plants and Turf written exam section, an applicant must pass the following LICT-E modules:

(a) Plant ID, Tree Planting and Staking, Sod Installation, and Plant Layout; and

(b) The practical skills written modules for plants & turf.

(3) To be considered equivalent to passing the Design, Grading and Drainage written exam section, an applicant must pass the following LICT-E modules:

(a) Grading & Drainage, and Instruments; and

(b) The practical skills written modules for Design, Grading & Drainage.

(4) To be considered equivalent to passing the Irrigation written exam section, an applicant must pass the following LICT-E modules:

(a) Lateral Repair & Head Adjustment, Lateral Installation, Mainline Installation, Valve Repair, and Valve Wiring; and

(b) The practical skills written modules for Irrigation.

(5) An applicant must pass all practical skills modules and written modules of the practical skills test for each section as stated in subsections (2) through (4) of this rule to be considered equivalent to the LCB written examination.

Stat. Auth.: ORS 671
Stats. Implemented: ORS 671.561
Hist.: LCB 2-2016, f. & cert. ef. 5-23-16

808-003-0970

Appeal of Practical Skills Test Results

An applicant who fails any modules or written section of the test may not appeal those results to the agency.

Stat. Auth.: ORS 671
Stats. Implemented: ORS 671.561
Hist.: LCB 2-2016, f. & cert. ef. 5-23-16

Business Practices Class

808-003-0980

Business Practices Class Requirement

(1) An applicant who wishes to obtain a landscape construction professional license through the practical skills test may take a board approved class on landscape contracting business practices in lieu of the written Laws, Rules & Business Practices exam.

(2) The business class must be completed within two years prior to obtaining the landscape construction professional license or the class will need to be retaken.

Stat. Auth.: ORS 671
Stats. Implemented: ORS 671.561
Hist.: LCB 2-2016, f. & cert. ef. 5-23-16

808-003-0985

Business Practices Class

(1) The class required in ORS 671.561(6) shall cover the subjects listed in OAR 808-003-0990

(2) The class must be offered by the LCB or a provider approved by the agency as provided in OAR 808-030-0990.

(3) An applicant may complete the Owner, Managing Employee course in lieu of the business class required in ORS 671.561(6) and OAR 808-003-0980.

Stat. Auth.: ORS 671
Stats. Implemented: ORS 671.561
Hist.: LCB 2-2016, f. & cert. ef. 5-23-16

808-003-0995

Business Practices Class Material and Subjects

The class required under ORS 671.561(6) must consist of the following subjects:

(1) License Requirements;

(2) Insurance/Bonding;

(3) Employment Law;

(4) Contracts;

(5) Supervision;

(6) Claims/Dispute Resolution;

(7) Lien Law;

(8) Building Codes/Permits;

(9) Safety/Hazard Communication;

(10) Communications;

(11) Estimating.

Stat. Auth.: ORS 671
Stats. Implemented: ORS 671.561
Hist.: LCB 2-2016, f. & cert. ef. 5-23-16

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