justicedao/ipfs_state_laws huggingface dataset:
808-009-0335 Authorized Representation of a Party A party or limited party participating in an enforcement contested case hearing before the agency may be represented by an authorized representative, as provided in OAR 137-003-0008. Statutory/Other Authority: ORS 183, 670.310 & 671.670 Statutes/Other Implemented: ORS 183.455 History: LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-001-0035 LCB 2-1990, f. 7-27-90, cert. ef. 8-1-90 LCB 1-1990(Temp), f. & cert. ef. 3-28-90 LCB 4-1988, f. 11-23-88, cert. ef. 12-1-88 LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88 Sunset on 09-28-2017 LCB 1-2000, f. & cert. ef. 2-1-00 LCB 2-1990, f. 7-27-90, cert. ef. 8-1-90 LCB 1-1990(Temp), f. & cert. ef. 3-28-90 LCB 4-1988, f. 11-23-88, cert. ef. 12-1-88 LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88
808-009-0420 Exceptions to Agency Orders, Enforcement (1) After a contested case enforcement hearing, the respondent may file written exceptions if the respondent does not believe the proposed order is supported by the evidence received at the hearing. To be considered, exceptions must be received by the agency within 21 days of the date of mailing of the proposed order. If written exceptions are not timely received, the agency may issue a final order as proposed. (2) Exceptions must substantially conform to the requirements of OAR 808-009-0430. (3) If exceptions are timely received, the matter will be set for consideration by the Board at a regular meeting of the Board. Written argument in opposition to the proposed order will be accepted up to 15 days before the Board meeting date if the original exceptions were timely received. The Board may waive the 15-day requirement. (4) The respondent may appear before the Board to argue against the proposed order, if the agency receives written notice of intent to do so before the Board meeting date. Oral argument will be permitted only if the original exceptions were timely received. Statutory/Other Authority: ORS 183, 670.310 & 671.670 Statutes/Other Implemented: ORS 183.413 - 183.470 History: LCB 2-2003, f. 1-31-03, cert. ef. 2-1-03 LCB 4-2002, f. & cert. ef. 12-4-02 LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-005-0010 LSCB 2-1995, f. 8-8-95, cert. ef. 8-15-95 LCB 2-1990, f. 7-27-90, cert. ef. 8-1-90 LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88 Sunset on 09-28-2017 LCB 1-2000, f. & cert. ef. 2-1-00 LSCB 2-1995, f. 8-8-95, cert. ef. 8-15-95 LCB 2-1990, f. 7-27-90, cert. ef. 8-1-90 LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88
808-009-0430 Form of Exceptions to Agency Order (1) Exceptions to an agency order filed by a party to a claim under OAR 808-009-0400 or a respondent under 808-009-0420 shall conform to the following requirements: (a) Exceptions shall be typed or legibly printed on 8-1/2 by 11" sheets of paper. (b) The first page of the exceptions must be titled "Exceptions to Proposed Order." If the exceptions are filed in a claim, the first page shall show the claim number, the names of the parties to the claim and the party submitting the exceptions at the top of the page. If the exceptions are filed in an enforcement action, the first page shall show the name of the respondent at the top of the page. (c) Each page of the exceptions shall be numbered at the bottom of the page. (d) For each finding of fact in the proposed order that the party alleges is not supported by the evidence in the record the following information shall be included in the exceptions: (A) The pages on which the finding of fact appear and the number, if any of the finding of fact; (B) The text of the finding of fact; and (C) An explanation or argument supporting the party’s contention that the evidence in the record does not support the finding of fact. (e) For each conclusion in the proposed order that the party alleges is based on an erroneous interpretation or application of a statute or administrative rule or is contrary to an appellate court decision the following information must be included in the exceptions: (A) The pages on which the conclusion and the opinion that supports it appear; (B) The text of the conclusion; and (C) An explanation or argument supporting the party’s contention that the conclusion is based on an erroneous interpretation or application of a statute or administrative rule or is contrary to an appellate court decision. (f) For each procedural error committed by the administrative law judge that the party contends directly affected the decision in the proposed order in a manner prejudicial to the party the following information shall be included in the exceptions: (A) A description of the procedural error; and (B) An explanation or argument supporting the party’s contention that the procedural error affected the decision and was prejudicial to the party filing the exceptions. (g) If the party intends to rely on oral testimony at the hearing, a notification that the party intends to rely on oral testimony shall be included in the exceptions. (h) The party submitting the exceptions shall sign and date the exceptions. (2) The Board may refuse to consider exceptions that do not substantially meet the requirements of section (1) of this rule. Statutory/Other Authority: ORS 670.310, 671.670 & 671.703 Statutes/Other Implemented: ORS 183 & 671.703 History: LCB 6-2003, f. & cert. ef. 10-1-03 LCB 4-2002, f. & cert. ef. 12-4-02
808-009-0440 Meeting of Board to Consider Appeals (1) Claimant and respondent may appear before the members of the Board to argue for or against the proposed order. (2) The Board may limit the time allowed for oral argument by a party before the Board to ten minutes. (3) At the Board meeting, the Board will consider documentary evidence received at the hearing and exceptions and written or oral argument for or against the proposed order, but the Board will not consider new or additional evidence. (4) After hearing oral argument, the Board may conduct its deliberations privately, under authority of ORS 192.690(1). If the Board conducts its deliberations privately, it will return to public meeting for any motions and voting. (5) The Board may affirm the findings and proposed order, modify either or both, or send the case back to a new hearing to receive additional evidence. Unless the case is sent back to a new hearing, the agency shall issue a final order after the Board meeting. (6) Final orders are subject to judicial review as provided under ORS Chapter 183. Statutory/Other Authority: ORS 183, 670.310 & 671.670 Statutes/Other Implemented: ORS 183.413 - 183.470 History: LCB 4-2002, f. & cert. ef. 12-4-02 LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-004-0050 LCB 2-1990, f. 7-27-90, cert. ef. 8-1-90 LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88
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. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: 2007 OL Ch. 249 History: LCB 10-2011, f. 7-26-11, cert. ef. 8-1-11 LCB 2-2008, f. & cert. ef. 6-2-08 LCB 5-2007, f. 12-24-07, cert. ef. 1-1-08
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 30 days of the change in employment or role. ORS 671.595(1)(a)(B) Statutory/Other Authority: ORS 670.310 & ORS 671.670 Statutes/Other Implemented: ORS 671.560, ORS 671.595 & ORS 671.997 History: LCB 10-2020, amend filed 10/19/2020, effective 10/20/2020 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 30 days of the change in role. Statutory/Other Authority: ORS 670.310 & ORS 671.670 Statutes/Other Implemented: ORS 671.560, ORS 671.595 & ORS 671.997 History: LCB 10-2020, amend filed 10/19/2020, effective 10/20/2020 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 must be offered by a provider approved by the agency as provided in OAR 808-030-0030. Statutory/Other Authority: ORS 670.310 & ORS 671.670 Statutes/Other Implemented: ORS 671.595 History: LCB 7-2021, amend filed 11/23/2021, effective 12/01/2021 LCB 10-2020, amend filed 10/19/2020, effective 10/20/2020 LCB 7-2020, temporary amend filed 07/23/2020, effective 08/01/2020 through 01/27/2021 LCB 2-2016, f. & cert. ef. 5-23-16 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 the name and address and contact information of the course provider; (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 cover 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. Statutory/Other Authority: ORS 670.310 & ORS 671.670 Statutes/Other Implemented: ORS 671.595 History: LCB 10-2020, amend filed 10/19/2020, effective 10/20/2020 LCB 7-2020, temporary amend filed 07/23/2020, effective 08/01/2020 through 01/27/2021 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) License Requirements.;¶ (b) Insurance/Bonding.;¶ (c) Employment Law.;¶ (d) Contracts.;¶ (e) Supervision.;¶ (f) Claims/Dispute Resolution.;¶ (g) Lien Law.;¶ (h) Building Codes/Permits.;¶ (i) Safety/Hazard Communication.;¶ (j) Communications; and¶ (k) Estimating.¶ (2) The course material may consist of the Laws, Rules & Business Practices Guide. Statutory/Other Authority: ORS 670.310 & ORS 671.670 Statutes/Other Implemented: ORS 671.595 History: LCB 10-2020, amend filed 10/19/2020, effective 10/20/2020 LCB 2-2016, f. & cert. ef. 5-23-16 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 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; and (c) Comply with OAR 808-003-0730, 808-003-0760, 808-003-0810, 808-003-0830, 808-003-0840, and 808-003-0850. Statutory/Other Authority: ORS 670.310 & ORS 671.670 Statutes/Other Implemented: ORS 671.595 History: LCB 10-2020, amend filed 10/19/2020, effective 10/20/2020 LCB 10-2008, f. & cert. ef. 11-6-08 LCB 5-2007, f. 12-24-07, cert. ef. 1-1-08
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. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: Ch. 249 OL 2007 History: LCB 5-2007, f. 12-24-07, cert. ef. 1-1-08
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. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 671.676 History: LCB 10-2008, f. & cert. ef. 11-6-08 LCB 8-2007, f. 12-24-07, cert. ef. 1-1-08
808-040-0020 Continuing Education Biennial and Reporting Requirement (1) Biennial CEH requirement. To maintain licensing, a landscape construction professional: (a) Licensed for six (6) years or less must complete sixteen (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. (b) Licensed for more than six years must complete eight (8) 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. (2) The required hours must be completed during the two-year period immediately preceding the renewal date of the landscape construction professional license. (3) The required hours must conform to OAR 808-040-0040. (4) 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. (5) Licensees with even numbered licenses must report the CEH requirement by the license expiration date in even numbered years. (6) Licensees with odd numbered licenses must report the CEH requirement by the license expiration date in odd numbered years. (7) 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 the first reporting cycle. (b) New licensees who receive an even numbered license in an even numbered year must report 16 CEH the first reporting cycle. (c) New licensees who receive an odd numbered license in an even numbered year must report 8 CEH the first reporting cycle. (d) New licensees who receive an odd numbered license in an odd numbered year must report 16 CEH the first reporting cycle. (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. (8) Active duty military licensees may convert a license to inactive military status military as per OAR 808-003-0234. Inactive military status licensees do not need to comply with the CEH requirements while on inactive military status and up to 60 days from an honorable discharge. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: 2007 OL Ch. 550 History: LCB 5-2016, f. & cert. ef. 5-23-16 LCB 9-2015, f. 12-22-15, cert. ef. 1-1-16 LCB 2-2012, f. 3-30-12, cert. ef. 4-1-12 LCB 18-2011, f. 12-29-11, cert. ef. 1-1-12 LCB 1-2010, f. & cert. ef. 1-27-10 LCB 10-2009, f. & cert. ef. 10-28-09 LCB 2-2009(Temp), f. & cert. ef. 5-13-09 thru 11-9-09 LCB 8-2007, f. 12-24-07, cert. ef. 1-1-08
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. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: Ch. 550 OL 2007 History: 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. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: Ch. 550 OL 2007 History: LCB 7-2011, f. & cert. ef. 6-17-11 LCB 8-2007, f. 12-24-07, cert. ef. 1-1-08