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The Oregon Administrative Rules contain OARs filed through March 15, 2014
 
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LANDSCAPE CONTRACTORS BOARD

 

DIVISION 30

OWNER/ MANAGING EMPLOYEE, COURSE, AND TESTING

808-030-0010

Owner/Managing Employee

(1) As used in these rules, a managing employee has that meaning as provided in OAR 808-002-0625 and owner has the meaning as provided in 808-002-0734

(2) Upon initial application, an applicant for a landscape contracting business license shall designate at least one managing employee or owner and provide evidence that this individual has completed the course and passed the test as provided for in ORS 671.595.

(3) An employee who is not an owner may not be designated as the managing employee of more than one landscape contracting business.

Stat. Auth.: ORS 670.310, 671.670
Stats. Implemented: 2007 OL Ch. 249
Hist.: LCB 5-2007, f. 12-24-07, cert. ef. 1-1-08; LCB 2-2008, f. & cert. ef. 6-2-08; LCB 10-2011, f. 7-26-11, cert. ef. 8-1-11

808-030-0015

Managing Employee Requirements

(1) An employee that is designated as the managing employee of a landscape contracting business must:

(a) Be a employee of the landscape contracting business.

(b) Manages the day to day activities of the landscape operations of the landscape contracting business which would include but not be limited to:

(A) Planning, bidding and offering landscaping work,

(B) Writing and signing contracts for landscaping work,

(C) Hiring and firing of employees who perform landscaping work,

(D) Signing of checks for payments of labor or materials associated with landscaping work, and

(E) Organizing, scheduling, monitoring and evaluating the performance of landscaping work

(2) In the event a designated managing employee no longer is employed by or fulfills the role of managing employee for a landscape contracting business the managing employee must notify the board within 10 days of the change in employment or role. ORS 671.595(1)(a)(B)

Stat. Auth.: ORS 670.310, 671.670
Stats. Implemented: ORS 671.560, 671.595, 671.997
Hist.; LCB 10-2011, f. 7-26-11, cert. ef. 8-1-11

808-030-0018

Managing Owner Requirements

An owner that is designated as the managing owner of a landscape contracting business must manage the day to day activities of the landscape operations of the landscape contracting business which would include but not be limited to:

(1) Planning, bidding and offering landscaping work,

(2) Writing and signing contracts for landscaping work,

(3) Hiring and firing of employees who perform landscaping work,

(4) Signing of checks for payments of labor or materials associated with landscaping work, and

(5) Organizing, scheduling, monitoring and evaluating the performance of landscaping work

(6) In the event a designated managing owner no longer fulfills the role of managing owner for a landscape contracting business the managing owner must notify the board within 10 days of the change in role.

Stat. Auth.: ORS 670.310, 671.670
Stats. Implemented: ORS 671.560, 671.595, 671.997
Hist.; LCB 10-2011, f. 7-26-11, cert. ef. 8-1-11

808-030-0020

Course Requirements

(1) The course required in ORS 671.595(4) shall cover the subjects listed in OAR 808-030-0040.

(2) The course shall consist of 16 class room hours. For the purposes of this rule a class room hour is a minimum of 50 minutes in length.

(3) The Course must be offered by a provider approved by the agency as provided in OAR 808-030-0030

Stat. Auth.: ORS 670.310, 671.670
Stats. Implemented: Ch. 249 OL 2007
Hist.: LCB 5-2007, f. 12-24-07, cert. ef. 1-1-08

808-030-0030

Requirements of Course Provider

(1) In order for individuals or organizations to be listed as a provider of approved courses the individual or organization must submit an application to the agency on forms provided by the agency. Information provided on the application must include, but not be limited to:

(a) Name and address and contact information of the course provider;

(b) Instructor resumes and work summaries that demonstrate that all instructors have at least two years experience either teaching in the subject areas related to the course material or working in subject areas related to the course material.

(2) All providers must receive written agency approval prior to offering or providing the course.

(3) A provider must comply at all times with the following requirements:

(a) The provider will provide 16 classroom hours of course material under OAR 808-030-0040;

(b) The provider will use agency-approved course materials;

(c) The provider will send electronic records of completion to the agency within 14 days in a format approved by the agency and keep records of completion for a minimum of three years;

(d) The provider will communicate law changes and program procedural changes received from the agency to the provider's instructors and will implement these changes within 30 calendar days;

(e) The provider will request and receive, in writing, agency approval of all instructors at least 20 calendar days before instructors are scheduled to teach; and

(f) The provider will comply with all applicable federal and state laws.

(4) The agency may publicize a provider's test passage rate for its students

(5) The agency may revoke a provider's approval and right to offer the course at any time for the following:

(a) The provider fails to comply with these rules;

(b) If more than 10% of the total students who have received instruction from a provider fail to pass the examination administered by the board by their third attempt; or

(c) The provider acquires or attempts to acquire agency test questions by unauthorized means, including but not limited to, photographing, photocopying or videotaping any part of the agency's test or paying or offering incentives to employees or business entities to write down, photograph or videotape any part of the agency's test.

Stat. Auth.: ORS 670.310, 671.670
Stats. Implemented: Ch. 249 OL 2007
Hist.: LCB 5-2007, f. 12-24-07, cert. ef. 1-1-08

808-030-0040

Course Material and Subjects

(1) The course required under ORS 671.595 must consist of the following subjects:

(a) Landscape Contractors Board:

(A) Role and authority;

(B) Application and licensing requirements;

(C) Dispute resolution processes (Claims);

(D) Types of Business entities;

(E) Rights and responsibilities of consumers and Landscape Contracting Businesses;

(F) Address change and employment change notification;

(G) Enforcement processes;

(H) Supervision requirements;

(I) Statutes and rules that govern individual and business licensees; and

(J) How to become a member of the Board.

(b) Employer requirements and employee's rights:

(A) Information and resources on employer requirements, employee's rights, workers' compensation insurance, and required workplace postings;

(B) Civil rights;

(C) State and Federal laws that include but are not limited to: Title VII, child labor, minimum and prevailing wage laws and state and federal wage and hour laws; and

(D) Employees versus independent contractors.

(c) Taxes, record keeping, accounting, budgeting, and pricing:

(A) Required employment forms;

(B) Identification numbers;

(C) Cost of employees;

(D) Importance of good record keeping;

(E) Ways to organize records;

(F) Required tax forms and reporting times;

(G) Professional help; and

(H) Profit, budgeting and cash flow;

(d) Building codes:

(A) Applicable codes and revisions;

(B) Required Specialty licenses and inspections;

(C) Permit and Inspection procedures;

(D) Stop work orders.

(e) Oregon Occupational Safety and Health Division:

(A) OR-OSHA regulations, job site inspections and resources;

(B) Equipment basics and maintenance;

(C) General safety practices; and

(D) Responsibilities of landscape contracting businesses, general contractors and subcontractors on a job site.

(f) Environmental practices and laws:

(A) Laws and regulations governing handling and disposal of environmentally hazardous material;

(B) Proper handling and disposal of job site debris;

(C) Laws and regulations that govern environmental conditions at a job site that include but is not limited to: impact of construction on rivers, wetlands, water quality, sewage, underground storage/heating oil tanks and erosion control.

(g) Contract law:

(A) Written Contract Requirement;

(B) Ten Elements of Contracts for Landscape Work;

(C) Minor and major breach of contract;

(D) Written change orders;

(E) Subcontracting and relationship to subcontractor;

(F) Negotiation;

(G) Mediation, arbitration and litigation clauses; and

(H) Buyer's Right to Cancel.

(h) Oregon construction lien law:

(A) Purpose;

(B) Required notices;

(C) Lien law procedures;

(D) Steps and timelines to perfect a lien and foreclose; and

(E) Important lien law differences of other states.

(i) Project management, estimating and scheduling:

(A) Importance of project management and consequences for failing to do so;

(B) Simple written estimates that include cost, overhead and profit; and

(C) Simple project schedules and consequences of improper job scheduling.

(j) Business Practices:

(A) Customer Communication;

(B) Listening Skills;

(C) Employee retention;

(D) Meeting Customer expectations; and

(E) Hiring and Firing.

Stat. Auth.: ORS 670.310, 671.670
Stats. Implemented: Ch. 249 OL 2007
Hist.: LCB 5-2007, f. 12-24-07, cert. ef. 1-1-08

808-030-0050

Testing Requirements

(1) The test required in ORS 671.595: Effective date January 1, 2008 shall cover the subjects listed in OAR 808-030-0040.

(2) A person seeking to take the test shall:

(a) Apply on a form provided by the agency;

(b) Pay any fees required by the agency;

(c) Provide approved government-issued picture identification to the agency; and

(d) Complete the test within a time limit approved by the agency.

(3) A person taking the test shall be allowed to use material acquired from the agency and one language translation book or device during the examination.

(4) A person taking the test shall not be accompanied by anyone while taking the test, except a board approved interpreter.

(5) There are no reciprocal agreements with other states or organizations that test owners or managing employees of landscape contracting businesses.

Stat. Auth.: ORS 670.310, 671.670
Stats. Implemented: ORS 671.595
Hist.: LCB 5-2007, f. 12-24-07, cert. ef. 1-1-08; LCB 10-2008, f. & cert. ef. 11-6-08

808-030-0060

Testing Subversion

(1) Testing subversion is the use of any means to alter the results of a test to cause the results to inaccurately represent the competency of an examinee. Testing subversion includes, but is not limited to:

(a) Communication between examinees inside the testing room

(b) Giving or receiving any unauthorized assistance on the test while the test is in process;

(c) Having any printed or written matter or other devices in the examinee's possession during the test except a provided copy of:

(A) The Oregon Landscape Contractors Board Owner/Managing Employee Study Guide & Manual; Laws and Rules; and

(B) One language translation book or device.

(d) Obtaining, using, buying, selling, distributing, having possession of, or having unauthorized access to secured test questions or other secured examination material prior to, during or after the administration of the examination;

(e) Copying another examinee's answers or looking at another examinee's materials while a test is in process;

(f) Encouraging anyone to copy answers to the test;

(g) Copying or removing any test questions from the testing area;

(h) Allowing another person to take the test in the examinee's place;

(i) Writing notes or questions in the Oregon Landscape Contractors Board Owner/Managing Employee Study Guide & Manual or language translation book during the test; or

(j) Leaving the room during the test for an unapproved purpose.

(2) At the discretion of the agency or its designees, if there is evidence of testing subversion by an examinee prior to, during, or after the administration of the test, one or more of the following may occur:

(a) The examinee may be denied the privilege of taking the test if testing subversion is detected before the administration of the test;

(b) If the testing subversion detected has not yet compromised the integrity of the test, such steps as are necessary to prevent further testing subversion shall be taken, and the examinee may be allowed to continue with the test;

(c) The examinee may be requested to leave the testing facility if testing subversion is detected during the test. If the examinee does not leave the facility, the examinee will be deemed a trespasser;

(d) The examinee's test results may be invalidated and the application fee forfeited; or

(e) The examinee may not be allowed to sit for an examination for up to one year.

(3) If testing subversion is detected after the administration of the test, the agency or its designee shall make appropriate inquiry to determine the facts concerning the testing subversion and the agency or its designee may take any of the actions described in this rule.

Stat. Auth.: ORS 670.310, 671.670
Stats. Implemented: ORS 671.595
Hist.: LCB 5-2007, f. 12-24-07, cert. ef. 1-1-08; LCB 10-2008, f. & cert. ef. 11-6-08

808-030-0070

Course Taking and Testing Period

(1) For course taking and testing completed on or after March 2008, the course and testing required under ORS 671.595 shall be valid for 24 months from the date the course was completed. Course taking and testing that is past the 24-month period from the date of the completed course will not be considered for the purposes of fulfilling the requirements set forth in ORS 671.595.

(2) In lieu of complying with section (1) of this rule, a managing employee may satisfy the requirements of ORS 671.595 provided that the managing employee:

(a) Has completed the course and passed the test; and

(b) Has been the managing employee of another licensed landscape contracting business within two years of the date of application by the new applicant; and

(c) The license of the landscape contracting business that was previously owned by or that previously employed the managing employee has not lapsed or, if lapsed, has lapsed for not more than 24 months.

Stat. Auth.: ORS 670.310, 671.670
Stats. Implemented: Ch. 249 OL 2007
Hist.: LCB 5-2007, f. 12-24-07, cert. ef. 1-1-08

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