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). Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 671.565 History: LCB 9-2015, f. 12-22-15, cert. ef. 1-1-16 LCB 4-2011, f. & cert. ef. 5-25-11 LCB 2-2010, f. & cert. ef. 6-1-10 LCB 10-2008, f. & cert. ef. 11-6-08 LCB 9-2008, f. 9-29-08, cert. ef. 10-1-08 LCB 3-2008, f. & cert. ef. 4-11-08 LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08 LCCB 3-2007, f. & cert. ef. 8-1-07 LCB 2-2006, f. 8-2-06, cert. ef. 10-2-06 LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04 LCB 2-1998, f. & cert. ef. 4-30-98