justicedao/ipfs_state_laws huggingface dataset:
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. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 671.565, 671.610 & 2011 OL Ch. 283 History: LCB 13-2011, f. 12-29-11, cert. ef. 1-1-12
808-003-0700 Applications, Generally (1) Applications for a landscape construction professional license must be submitted on a form provided by the agency o rthrough the gency's online application portal 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. All other fees associated with the exam are required to be paid to the exam provider. Application fees are non-refundable. (4) If an applicant fails to appear for a scheduled test, all fees paid may be forfeited for the examinations scheduled on that day. Statutory/Other Authority: ORS 671.670 Statutes/Other Implemented: ORS 671.561 & ORS 671.570 History: LCB 7-2021, amend filed 11/23/2021, effective 12/01/2021 LCB 9-2017, amend filed 11/29/2017, effective 12/01/2017 LCB 10-2016, f. & cert. ef. 12-19-16 LCB 7-2016(Temp), f. & cert. ef. 7-21-16 thru 1-16-17 LCB 2-2016, f. & cert. ef. 5-23-16
808-003-0710 Fees (1) Conventional exam fee: The fee amount is determined by PSI. (2) Practical skills exam fee: Exterior Technician Exam taken through the National Association of Landscape Professionals (NALP) is paid directly to NALP. The fee amount is determined by NALP. (3) Practical skills business class fee: $100. (4) Retake fees. An applicant must pay the fees in subsection ( 1) (2) & (3 ) of this rule if an applicant wants to retake any sections of the test. (5) Expiration of application. An applicant must pay the application fee in as stated in OAR 808-003-0130(5) if the application has expired as stated in OAR 808-003-0030. Statutory/Other Authority: ORS 671.760 Statutes/Other Implemented: ORS 671.561 & ORS 671.570 History: LCB 1-2025, amend filed 05/20/2025, effective 05/21/2025 LCB 7-2021, amend filed 11/23/2021, effective 12/01/2021 LCB 2-2019, amend filed 06/04/2019, effective 07/01/2019 LCB 1-2017, f. & cert.ef. 3-24-17 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. Statutory/Other Authority: ORS 671 Statutes/Other Implemented: ORS 571 History: 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. Statutory/Other Authority: ORS 671 Statutes/Other Implemented: ORS 671.570 History: LCB 2-2016, f. & cert. ef. 5-23-16
808-003-0760 Required Identification at Examination Sites (1) Applicants must apply for the exam with their legal first and last name as it appears on their government issued identification. The required identification as listed in subsection (3) of this rule must match the first and last name under which the applicant has applied. (2) Applicants are required to bring one (1) form of valid (non-expired), signature-bearing identification to the test site as listed in subsection (3) of this rule. If the applicant fails to bring proper identification or the applicant names do not match, the applicant will not be allowed to test and their examination fee will not be refunded. (3) Government issued identification must contain applicant’s photo, be valid and unexpired, and bear a signature. Government issued identification is a: (a) State issued driver’s license. (b) State issued identification card. (c) US government issued passport. (d) US government issued military identification card. (e) US government issued Alien Registration Card. (f) Canadian government issued identification card. Statutory/Other Authority: ORS 670.310 & 671.3670 Statutes/Other Implemented: 671.561 & 671.570 History: LCB 9-2016, f. 9-23-16, cert. ef. 10-1-16
808-003-0800 Conventional 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. (7) To obtain a Modified License the applicant must successfully pass the Laws, Rules and Business Practices section. Statutory/Other Authority: ORS 671.670 Statutes/Other Implemented: ORS 671.570 History: LCB 7-2021, amend filed 11/23/2021, effective 12/01/2021 LCB 1-2019, amend filed 01/28/2019, effective 02/01/2019 LCB 2-2016, f. & cert. ef. 5-23-16
808-003-0810 Conventional Examination Testing Requirements (1) As used in OAR Chapter 808, Division 003 the conventional exam as required in ORS 671.571 shall be the landscape construction professional license exam that is offered by PSI. An applicaion approved for testing may schedule testing at an approved testing center. (2) An applicant must pay the exam fee directly to the approved exam provider as stated in OAR 808-003-0710(2). (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. Statutory/Other Authority: ORS 671.670 Statutes/Other Implemented: ORS 671.570 History: LCB 7-2021, amend filed 11/23/2021, effective 12/01/2021 LCB 2-2016, f. & cert. ef. 5-23-16
808-003-0820 Scoring of Conventional Examinations (1) Each conventional exam section shall be scored separately. (2) Based on 100 percent, the passing score for a conventional exam shall be 75 percent or higher for each section. (3) Except as provided in OAR 808-003-0730 a passing score for a conventional exam section shall be valid until the third December 31st following passage of that exam section. An applicant who fails to pass all the sections required for a particular license phase and obtain that license phase by the third December 31st following passage of any exam section shall retake that section. (4) A passing score for a conventional exam section shall be valid until the third December 31st following passage of that exam section. An applicant who fails to pass all the sections required for a particular license phase and obtain that license phase by the third December 31st following passage of any exam section shall retake that section. Statutory/Other Authority: ORS 671.670 Statutes/Other Implemented: ORS 671.570 History: LCB 7-2021, amend filed 11/23/2021, effective 12/01/2021 LCB 2-2018, amend filed 01/25/2018, effective 02/01/2018 LCB 2-2016, f. & cert. ef. 5-23-16
808-003-0830 Conventional Examination Retakes (1) An applicant wanting to retake any conventional 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. Statutory/Other Authority: ORS 671.670 Statutes/Other Implemented: ORS 671.570 History: LCB 7-2021, amend filed 11/23/2021, effective 12/01/2021 LCB 2-2016, f. & cert. ef. 5-23-16
808-003-0840 Appeal of Conventional Exam Results An applicant who fails any section of the conventional exam may not appeal those results to the agency. Statutory/Other Authority: ORS 671.670 Statutes/Other Implemented: ORS 671.570 History: LCB 7-2021, amend filed 11/23/2021, effective 12/01/2021 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. Statutory/Other Authority: ORS 671 Statutes/Other Implemented: ORS 671.570 History: LCB 2-2016, f. & cert. ef. 5-23-16
808-003-0900 Practical Skills Testing, Generally (1) As used in OAR Chapter 808, Division 003 the practical skills exam as required in ORS 671.561 shall be the Exterior Technician Exam that is owned and governed by the National Association of Landscape Professionals (NALP). (2) The practical skills exam will consist of specific sections of the Exterior Technician Exam as stated in OAR 808-003-0920. (3) To obtain a specific phase of a landscape construction professional license by taking only the practical skills exam, an application must: (a) Pass all sections as required in OAR 808-003-0920; and (b) Pass the conventional Backflow exam section for an all phase or irrigation phase of license; and (c) Pass the Laws, Rules & Business Practices exam section of the conventional exam or complete the business class required in ORS 671.561(6) and OAR 808-003-0980. Statutory/Other Authority: ORS 671.670 Statutes/Other Implemented: ORS 671.561 History: LCB 8-2023, amend filed 06/07/2023, effective 06/08/2023 LCB 7-2021, amend filed 11/23/2021, effective 12/01/2021 LCB 8-2020, temporary amend filed 07/24/2020, effective 08/01/2020 through 01/27/2021 LCB 2-2016, f. & cert. ef. 5-23-16
808-003-0910 Registration for the Practical Skills Exam An applicant that wishes to take the practical skills exam must register through the National Association of Landscape Professionals (NALP). Statutory/Other Authority: ORS 671.670 Statutes/Other Implemented: ORS 671.561 History: LCB 7-2021, amend filed 11/23/2021, effective 12/01/2021 LCB 9-2017, amend filed 11/29/2017, effective 12/01/2017 LCB 2-2016, f. & cert. ef. 5-23-16
808-003-0920 Practical Skills Exam Sections (1) Specific exam sections of the practical skills exam must be passed to obtain a landscape construction professional license for a Planting, Standard, All Phase, or Irrigation phase of license. (2) The Backflow section shall remain a conventional examination and is not available to be taken through the National Association of Landscape Professionals (NALP). (3) The practical skills exam sections will consist of the following: (a) Common Core (b) Softscape Installation; (c) Hardscape Installation; and (d) Irrigation. (4) To obtain a Planting license phase through the practical skills test, the applicant must: (a) Complete the business class required in ORS 671.561 and OAR 808-003-0980 or pass the Laws, Rules & Business Practices exam section of the conventional exam; and (b) Pass the Common Core and Softscape Installation sections of the practical skills exam. (5) To obtain an Irrigation plus Backflow phase of license through the practical skills exam, the application must: (a) Complete the business class required in ORS 671.561 and OAR 808-003-0980 or pass the Laws, Rules & Business Practices exam section of the conventional exam; and (b) Pass the conventional Backflow exam as stated in subsection (2) of this rule; and (c) Pass the Irrigation section of the practical skills exam. (6) To obtain Standard license phase through the practical skills exam, the applicant must: (a) Complete the business class required in ORS 671.561 and OAR 808-003-0980 or pass the Laws, Rules & Business Practices exam section of the conventional exam; and (b) Pass the Common Core, Softscape installation and the Hardscape Installation sections of the practical skills exam. (7) To obtain an All Phase license phase through the practical skills exam, the applicant must: (a) Complete the business class required in ORS 671.561 and OAR 808-003-0980 or pass the Laws, Rules & Business Practices exam section of the conventional exam; and (b) Pass the Common Core, Softscape installation, Hardscape Installation and the Irrigation sections of the practical skills exam; and (c) Pass the conventional Backflow exam as stated in subsection (2) of this rule. (8) An applicant may successfully pass the Laws, Rules & Business Practices section of the conventional exam in lieu of the business class required under ORS 671.561 and OAR 808-003-0980. Statutory/Other Authority: ORS 671.670 Statutes/Other Implemented: ORS 671.561 History: LCB 8-2023, amend filed 06/07/2023, effective 06/08/2023 LCB 7-2021, amend filed 11/23/2021, effective 12/01/2021 LCB 8-2020, temporary amend filed 07/24/2020, effective 08/01/2020 through 01/27/2021 LCB 2-2016, f. & cert. ef. 5-23-16
808-003-0930 Scoring of Practical Skills Exam Sections (1) Each practical skills exam section will be scored separately. (2) Pursuant to ORS 671.561, the passing score for a practical skills exam shall be determined by the National Association of Landscape Professionals (NALP). (3) Except as provided in OAR 808-003-0730 a passing score for a practical skills exam section shall be valid until the third December 31st following passage of that exam section. An applicant who fails to pass all the sections required for a particular license phase and obtain that license phase by the third December 31st following passage of that section shall retake that section. Statutory/Other Authority: ORS 671.670 Statutes/Other Implemented: ORS 671.561 History: LCB 8-2023, amend filed 06/07/2023, effective 06/08/2023 LCB 3-2022, amend filed 03/30/2022, effective 04/01/2022 LCB 7-2021, amend filed 11/23/2021, effective 12/01/2021 LCB 8-2020, temporary amend filed 07/24/2020, effective 08/01/2020 through 01/27/2021 LCB 2-2018, amend filed 01/25/2018, effective 02/01/2018 LCB 2-2016, f. & cert. ef. 5-23-16
808-003-0940 Practical Skills Exam Retakes (1) An applicant wanting to retake any practical skills exam sections must schedule testing by registering with the exam provided as stated in OAR 808-003-0910. (2) An applicant must pay the exam fee as required in OAR 808-003-0710 to retake any sections of the exam. Statutory/Other Authority: ORS 671.670 Statutes/Other Implemented: ORS 671.561 History: LCB 8-2023, amend filed 06/07/2023, effective 06/08/2023 LCB 7-2021, amend filed 11/23/2021, effective 12/01/2021 LCB 9-2017, amend filed 11/29/2017, effective 12/01/2017 LCB 2-2016, f. & cert. ef. 5-23-16
808-003-0960 Transfer and Conversion of Exam Scores (1) To be considered equivalent to passing the Plants & Turf and Design, Grading & Drainage conventional exam sections, an applicant must pass the following practical skills exam sections: (a) Common Core; and (b) Softscape Installation. (2) To be considered equivalent to passing the Irrigation conventional exam section, an applicant must pass the following: (a) Common Core; and (b) Irrigation. (3) An applicant must pass all practical skills exam sections of the practical skills exam for each section as stated in subsections (1) and (2) of this rule to be considered equivalent to the LCB conventional examination. (4) The agency will grant credit to an applicant who has passed the specific sections of the practical skills exam as stated in OAR 808-003-0920 prior to submitting an application for licensing to the agency if: (a) The agency is able to obtain the scores from the exam provider; and (b) The passing scores are valid as required in OA R808-003-0930. Statutory/Other Authority: ORS 671.670 Statutes/Other Implemented: ORS 671.561 History: LCB 8-2023, amend filed 06/07/2023, effective 06/08/2023 LCB 7-2021, amend filed 11/23/2021, effective 12/01/2021 LCB 8-2020, temporary amend filed 07/24/2020, effective 08/01/2020 through 01/27/2021 LCB 2-2018, amend filed 01/25/2018, effective 02/01/2018 LCB 2-2016, f. & cert. ef. 5-23-16
808-003-0970 Appeal of Practical Skills Exam Results An applicant who fails any practical skills exam section may not appeal those results to the agency. Statutory/Other Authority: ORS 671.670 Statutes/Other Implemented: ORS 671.561 History: LCB 8-2023, amend filed 06/07/2023, effective 06/08/2023 LCB 7-2021, amend filed 11/23/2021, effective 12/01/2021 LCB 8-2020, temporary amend filed 07/24/2020, effective 08/01/2020 through 01/27/2021 LCB 2-2016, f. & cert. ef. 5-23-16
808-003-0980 Business Practices Class Requirement (1) An applicant who wishes to obtain a landscape construction professional license through the practical skills exam may take a board approved class on landscape contracting business practices in lieu of the conventional 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. Statutory/Other Authority: ORS 671.670 Statutes/Other Implemented: ORS 671.561 History: LCB 7-2021, amend filed 11/23/2021, effective 12/01/2021 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. Statutory/Other Authority: ORS 671.670 Statutes/Other Implemented: ORS 671.561 History: LCB 7-2021, amend filed 11/23/2021, effective 12/01/2021 LCB 2-2016, f. & cert. ef. 5-23-16
808-003-0990 Requirements of Provider of Business Practices Class (1) In order for individuals or organizations to be listed as a provider of the board approved business practices class the individual or organization must submit an application to the agency on forms provided by the agency. (2) All providers must receive written agency approval prior to offering or providing the class. (3) A provider must comply at all times with the following requirements: (a) The provider will use agency-approved course materials; (b) 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 two years; (c) 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; (4) The agency may revoke a provider’s approval and right to offer the class at any time if the provider fails to comply with these rules. Statutory/Other Authority: ORS 671 Statutes/Other Implemented: ORS 671.561 History: 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. Statutory/Other Authority: ORS 671 Statutes/Other Implemented: ORS 671.561 History: LCB 2-2016, f. & cert. ef. 5-23-16