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LANDSCAPE CONTRACTORS BOARD

 

DIVISION 40

CONTINUED EDUCATION REQUIREMENT

808-040-0010

Continued Competency

(1) To ensure continuing efforts on the part of licensed landscape construction professionals to remain current with new developments in landscape technology and to encourage better business practices and safety in the profession continuing education is required as a condition of license renewal.

(2) Continuing education requirements apply whether the renewal applicant is living or working within Oregon or outside of the state so long as Oregon licensure is maintained.

(3) It is the obligation of each licensee to select a course of study that contributes to the licensee's professional competence in landscaping work. The licensee may take programs in a variety of topics that are relevant to the licensee's area of practice.

Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 671.676
Hist.: LCB 8-2007, f. 12-24-07, cert. ef. 1-1-08; LCB 10-2008, f. & cert. ef. 11-6-08

808-040-0020

Continuing Education Biennial and Reporting Requirement

(1) Biennial CEH requirement. To maintain licensing, a landscape construction professional must complete 16 hours of continuing education hours (CEH) every two years unless such requirement is waived by the Board under ORS 671.676(4)) and OAR 808-040-0070:

(a) The 16 CEH must be completed during the two-year period immediately preceding the renewal date of the landscape construction professional license.

(b) The 16 CEH must conform to OAR 808-040-0040.

(2) Reporting Requirement at Renewal. As a requirement of renewal of an active landscape construction professional license, licensees are required to certify that the licensee has fulfilled the CEH requirement.

(3) Licensees with even numbered licenses must report the CEH requirement by the license expiration date in even numbered years.

(4) Licensees with odd numbered licenses must report the CEH requirement by the license expiration date in odd numbered years.

(5) New Licensees. CEH requirements for new licensees are as follows:

(a) New licensees who receive an even numbered license in an odd numbered year must report 8 CEH and then report the full 16 CEH with the renewal every even numbered year thereafter. An example of this is an individual who receives an even numbered license in 2011 must report 8 CEH in 2012 and then 16 CEH in 2014.

(b) New licensees who receive an even numbered license in an even numbered year must report the 16 requirement every even numbered year thereafter.

(c) New licensees who receive an odd numbered license in an even numbered year must report 8 CEH and then report the full 16 CEH with the renewal every odd numbered year thereafter. An example of this is an individual who receives an odd numbered license in 2012 must report 8 CEH in 2013 and then 16 CEH in 2015.

(d) New licensees who receive an odd numbered license in an odd numbered year must report the 16 CEH requirement every odd numbered year thereafter

(e) CEH obtained by new licensees during the two-year period immediately preceding the renewal date of the landscape construction professional license will be eligible to the meet the initial CEH requirement.

Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: 2007 OL Ch. 550
Hist.: LCB 8-2007, f. 12-24-07, cert. ef. 1-1-08; LCB 2-2009(Temp), f. & cert. ef. 5-13-09 thru 11-9-09; LCB 10-2009, f. & cert. ef. 10-28-09; LCB 1-2010, f. & cert. ef. 1-27-10; LCB 18-2011, f. 12-29-11, cert. ef. 1-1-12; LCB 2-2012, f. 3-30-12, cert. ef. 4-1-12

808-040-0025

Continued Education Programs

In order to qualify for CEH credit under these rules, a CEH program must be a formal program or board approved program of learning that contributes directly to the professional competence of the licensee

(1) Eligible Programs and Activities. The following programs will qualify for CEH credit provided they also meet the requirements of section (2) through (5) of this rule:

(a) Programs presented by national, state or local landscape industry organizations.

(b) Programs offered by a business to licensees.

(c) Programs sponsored by organizations that provide professional educational programs.

(d) Correspondence courses or other individual independent study programs and activities do not qualify for CEH credit unless both the CEH sponsor and the specific CEH program or activity are approved by the Board prior to the offering of, presentation of, attendance of, or participation in the program or activity.

(e) Volunteering activities for industry related boards, commissions, and designated committees.

(f) Making presentations or teaching courses related to approved subjects for the CEH credit.

(2) Sponsored Program and Activity requirements. Sponsored CEH programs must meet the following requirements to qualify for CEH credit:

(a) An outline of the program is prepared in advance and preserved;

(b) The program must cover at least one of the topic areas listed in 808-040-0040;

(c) The program is at least one hour (fifty-minute period) in length;

(d) A record of attendance is maintained by the provider;

(e) The program is conducted by a qualified instructor or presenter whose background, training, education or experience qualifies the person to teach or lead a discussion on the subject matter of the particular program.

(f) Evidence of completion is provided to participating licensees in the form of a certificate that must include:

(A) Name of sponsoring institution, association or organization;

(B) Title of the presentation;

(C) Name of instructor or presenter;

(D) Date of presentation;

(E) Type of CEH;

(F) Number of approved CEH; and

(G) Signature of the instructor or presenter or official stamp of the sponsor signifying attendance and/or completion of the course.

(3) Correspondence and Independent Study courses. Correspondence courses or other individual independent study programs and activities must meet the following requirements to qualify for CEH credit:

(a) An outline of the program is prepared in advance and preserved;

(b) The program must cover at least one of the topic areas listed in 808-040-0040;

(c) The program is at least one hour (fifty-minute period) in length;

(d) A record of attendance is maintained by the provider; and

(e) The provider of the correspondence or independent study course is a qualified instructor or presenter whose background, training, education or experience qualifies the person to teach or lead a discussion on the subject matter of the particular course.

(4) Volunteering. Education opportunities that engage the licensee in volunteering must meet the following requirements to qualify for CEH credit:

(a) One CEH credit is allowed for every three hours of qualifying volunteer work;

(b) The maximum CEH credit allowed for volunteering under this section may not exceed 4 hour in a two year period;

(c) The volunteer activity must be directly related to the landscape construction industry, such as, but not limited to:

(A) serving on industry related boards, commissions or committees; or

(B) Providing a not-for-profit service to local or state entities for the enhancement and preservation of the environment to natural resources through landscape planning, installation and maintenance.

(5) Teaching and Presenting. Activities that engage the licensee in teaching and presenting courses must meet the following criteria to qualify for CEH credit:

(a) The licensee must be an actively licensed landscape construction professional;

(b) The licensee must have been actively licensed for a period of not less than five(5) years;

(c) An outline of the course is prepared in advance and preserved;

(d) The course must cover at least one of the topic areas listed in 808-040-0040;

(e) The course is at least one hour (fifty-minute period) in length;

(f) A record of attendance is maintained by the licensee;

(g) The course is presented for an education provider; a school, university or college; a landscape contracting business, or any industry related organization or association

(h) CEH credit is allowed for each 50 minute period completed as an instructor or discussion leader of the subject material;

(i) CEH credit for preparation and research time allowed for an instructor, discussion leader, or a speaker shall be calculated on the basis of two CEH hours of preparation and research in the CEH type of the presentation for each hour of presenting or teaching.

(j) The maximum CEH credit allowed for preparation and research under this section must not exceed one-half of the total number of CEH hours required for the renewal period;

(k) Preparation and research CEH may be available one time only for teaching a course or making a presentation. CEH credit may be allowed for additional preparation and research if the substantive content of the program was substantially changed and the licensee provides evidence that such change required significant additional study or research.

Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: Ch. 550 OL 2007
Hist.: LCB 8-2007, f. 12-24-07, cert. ef. 1-1-08; LCB 7-2011, f. & cert. ef. 6-17-11; LCB 2-2012, f. 3-30-12, cert. ef. 4-1-12; LCB 8-2012, f. & cert. ef. 12-4-12

808-040-0030

Continuing Education Credit Criteria

CEH are measured by participation time and program length with one 50-minute class period equal to one CEH credit in most cases and will be based on the following criteria:

(1) CEH credit will be awarded for established courses taken from a recognized college or university at the rate of 1 semester course credit is equal to 15 CEH and 1 quarter course credit is equal to 10 CEH.

(2) Professional courses which meet academic requirements in content, instruction and evaluation will be assigned 1 CEH for each 50-minute class period attended. These courses must be pre-approved by the board prior to the actual presentation of the course.

(3) Courses or activities which do not meet standards as set forth in subsection (1) and (2) of this section, such as workshops, symposiums, seminars, volunteering, independent education, or any applied experience with or without formal classroom work may receive CEH credit at a rate determined by the Board during the approval process. These courses or activities must be pre- approved by the board prior to the actual presentation or participation in the course or activity.

(4) Partial completion by the licensee for programs, courses or classes will not be granted CEH and are not subject to being prorated.

Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: Ch. 550 OL 2007
Hist.: LCB 8-2007, f. 12-24-07, cert. ef. 1-1-08

808-040-0040

Acceptable Subject Matter

The subjects listed in this rule serve as examples only, and are not all-inclusive.

(1) Technical Subjects. Subjects that may qualify for technical subjects include, but are not limited to:

(a) The construction and installation techniques for lawns, trees, vines, shrubs, nursery stock, erosion control, retaining walls, patios, decks, fences, driveways, walkways, arbors, landscape edging, drainage systems, water features, low voltage lighting, irrigation systems including backflow and backflow testing; and

(b) Subjects related to soil science, pesticide application; landscape design; landscape architecture; arboriculture; or horticulture; and

(c) Subjects related to landscape practices for sustainability and environmental issues including but not limited to:

(A) Storm water management,

(B) Living soils management;

(C) Water-wise site design and principles;

(D) Smart technologies;

(E) Low volume irrigation installation and management; or

(F) Integrated pest management.

(d) Preparation and Research for teaching or presenting; or

(e) Any other subject the Board determines applicable.

(2) Business Practice Subjects. Subjects that may qualify for business related subjects are:

(a) Accounting (cash flow, budgeting, pricing);

(b) Business law (liens, tax, employment, etc);

(c) Production and operation management;

(d) Client communication;

(e) Human resource management;

(f) Business management, marketing;

(g) Business ethics;

(h) Leadership;

(i) Storm water management;

(j) Smart technologies;

(k) Integrated pest management; or

(L) Preparation and research for teaching or presenting; or

(m) Any other subject the Board determines applicable.

(3) Other Acceptable Subjects. Subjects that may qualify as other subjects include, but are not limited to:

(a) Safety meetings;

(b) Voluntary OSHA inspections;

(c) First aid training;

(d) Classroom or seminar teaching of related subjects;

(e) Serving as a volunteer on landscape related Boards and Commissions or designated committees;

(f) providing a not-for-profit service to local or state entities for the enhancement and preservation of the environment or natural resources through landscape planning, installation and maintenance; or

(g) Any other subject the Board determines applicable.

Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: Ch. 550 OL 2007
Hist.: LCB 8-2007, f. 12-24-07, cert. ef. 1-1-08; LCB 7-2011, f. & cert. ef. 6-17-11

808-040-0050

Program Approval Process

(1) Pre-approval Process. Programs offered by any institution, agency, professional organization or association, which conducts educational meetings, workshops, symposiums, seminars and other such activities where a CEH credit is desired must be approved by the Board prior to the presentation of the program and prior to the attendance by a licensee. The written request for the issuance of CEH credit must:

(a) Be received on a form provided by the Board at least 30 calendar days prior to the presentation date (unless otherwise approved by the agency Administrator) and include:

(A) Name of sponsoring institution, association or organization;

(B) Title of the presentation;

(C) Date of presentation;

(D) Topic covered from list in 808-040-0040;

(E) A written outline of the program;

(F) The length of the program in hours;

(G) Name of instructor or presenter;

(H) Type of CEH requested;

(I) Copy of the certificate to be given to each attendee with the signature of the instructor or presenter or the official stamp of the sponsor on the certificate. If more than one presenter is authorized to sign, then the signatures of each presenter must be on the certificate or on copies of the certificate; and

(J) Contact information for the provider which must include the address, phone number, fax number and email (if available) for the provider.

(b) Upon receipt of all documentation required in subsection (1) of this rule the board will review the request and notify the provider by either email or regular mail the determination of the CEH allowed by the board.

(2) Other Approval Process. In the event a landscape construction professional attends a program that is not pre-approved as outlined in section (1) above, or claims credit for teaching/presenting or volunteering:

(a) The landscape construction professional may request approval of the attended program by submitting written documentation no later than 180 days after the date the program was attended that includes:

(A) Name of sponsoring institution, association or organization;

(B) Topic of the presentation;

(C) Title of the presentation;

(D) Name of instructor or presenter;

(E) Date of presentation;

(F) Length of presentation in hours;

(G) Type of CEH; and

(H) Number of CEH claimed.

(I) Signature of the instructor or presenter or official stamp of the sponsor signifying attendance and completion of the course.

(b) The board, after reviewing the submitted documentation, will determine:

(A) If the program meets the conditions for the CEH requirement; and

(B) The number of CEH allowed for the program, if any.

Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 671.676
Hist.: LCB 8-2007, f. 12-24-07, cert. ef. 1-1-08; LCB 2-2009(Temp), f. & cert. ef. 5-13-09 thru 11-9-09; LCB 10-2009, f. & cert. ef. 10-28-09; LCB 1-2012(Temp), f. 3-30-12, cert. ef. 4-1-12 thru 9-28-12; LCB 7-2012, f. & cert. ef. 8-2-12; LCB 8-2012, f. & cert. ef. 12-4-12

808-040-0060

Continuing Education: Audit, Required Documentation and Sanctions

(1) To ensure adequate proof of continuing education course completion is available for audit or investigation by the Landscape Contractors Board the licensees shall maintain a record of attendance for two years following renewal.

(2) The Landscape Contractors Board will audit a select percentage of renewals determined by the Board to verify compliance with continued education hour requirement at intervals determined by the Board.

(3) Licensees notified of selection for audit of continuing education verification shall submit to the agency within 21 calendar days from the date of issuance of the notification, satisfactory documentation of completing the required continuing education outlined in OAR 808-040-0020.

(4) Documentation for a preapproved program or preapproved course provided by any institution, agency, professional organization or association, must be a certificate issued by the program provider and approved by the Landscape Contractors Board which includes:

(a) Name of sponsoring institution/association or organization;

(b) Title of presentation;

(c) Date of attendance;

(d) Type of CEH;

(e) Number of approved CEH; and

(f) Instructor’s, presenter’s or sponsor’s signature or official stamp signifying attendance and completion of the course.

(5) Documentation for independent study course, volunteering and other non-sponsored education must be an approval form issued pursuant to a CEH approval request made by the licensee under OAR 808-040-0050(2).

(6) Documentation for attending an accredited educational institution must be in the form of an official transcript showing the length of the academic term.

(7) Documentation for programs that were not pre-approved or claims for credit for teaching/presenting or volunteering must be an approval form issued pursuant to a CEH approval request made by the licensee under OAR 808-040-0050(2).

(8) The Board may perform an audit on any licensee at any time the board determines necessary to maintain compliance with the CEH requirement.

Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: Ch. 550 OL 2007
Hist.: LCB 8-2007, f. 12-24-07, cert. ef. 1-1-08; LCB 1-2010, f. & cert. ef. 1-27-10; LCB 3-2010, f. & cert. ef. 6-1-10; LCB 8-2012, f. & cert. ef. 12-4-12

808-040-0070

Waivers

(1) CEH waivers. The Board, in its discretion, may waive CEH requirements for:

(a) Reasons of health, certified by a medical doctor, that prevents the licensee from complying with CEH requirements;

(b) A licensee who is on extended active military duty, who does not practice as a landscape construction professional during the renewal period, and who provides a copy of orders to active military duty; or

(c) Other good cause, to be demonstrated as the Board requests.

(2) Requests for waivers. A request for waiver of CEH requirements must be submitted in writing for each renewal period during which the conditions supporting the waiver exist.

Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: Ch. 550 OL 2007
Hist.: LCB 8-2007, f. 12-24-07, cert. ef. 1-1-08

808-040-0080

CEH Requirement for Reinstatement to Active Status

(1) Except as provided for in subsection (2) of this section any licensee that reinstates an inactive or expired landscape construction professional license to active status must:

(a) Comply with OAR 808-003-0255;

(b) Submit documentation as per the audit requirements of OAR 808-040-0060 for the 16 CEH obtained within the two years immediately preceding the renewal date of the landscape construction professional license; and

(c) Meet the CEH requirement for each subsequent renewal period.

(2) Any licensee that reinstates an expired landscape construction professional license to active status more than 14 days after the expiration of the license and the license was subject to audit prior to its expiration, the licensee must submit documentation as per the audit requirement of OAR 808-040-0060.

Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: 2007 OL Ch. 550
Hist.: LCB 8-2007, f. 12-24-07, cert. ef. 1-1-08; LCB 2-2009(Temp), f. & cert. ef. 5-13-09 thru 11-9-09; LCB 10-2009, f. & cert. ef. 10-28-09; LCB 18-2011, f. 12-29-11, cert. ef. 1-1-12; LCB 2-2012, f. 3-30-12, cert. ef. 4-1-12

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