justicedao/ipfs_state_laws huggingface dataset:
808-003-0100 Licenses; License Cards (1) A landscape construction professional license and its identifying license number will be issued to one individual only. Other individuals shall not be included in that license, but each shall be separately licensed and shall separately meet the licensing requirements. No individual may perform work subject to ORS Chapter 671 through the use of another individual's or entity's license. (2) Landscape construction professional licenses shall be issued in the name of the individual. (3) A landscape contracting business license and its identifying license number will be issued to one business entity only. Other business entities shall not be included in that license, but each shall be separately licensed and shall separately meet the licensing requirements. No business entity may perform work subject to ORS Chapter 671 through the use of another individual's or business entity's license. (4) Landscape contracting business licenses shall be issued as follows: (a) A sole proprietorship shall be issued in the name of the sole proprietor; (b) A sole proprietorship using an assumed business name shall be issued in both the name of the sole proprietor and assumed business name (c) A partnership, limited partnership or joint venture shall be issued in the names of the partners and the assumed business name; (d) A partnership or limited partnership using an assumed business name shall be issued in the names of the partners and the assumed business name; (e) A corporation or trust shall be issued in the corporate or trust name; (f) A limited liability company shall be issued in the limited liability company name. (5) A license card issued to a landscape contracting business and landscape construction professional is valid for the term for which it is issued only if the licensing requirements or ORS 671.510 to 671.760 and OAR chapter 808 are met throughout the license period: (6) If a license is no longer valid, the agency may require the return of the license card and pocket card(s). Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 671.560 & 671.565 History: LCB 6-2015, f. 7-29-15, cert. ef. 8-1-15 LCB 12-2009, f. 12-23-09, cert. ef. 1-1-10 LCB 4-2009, f. 6-1-09 cert. ef. 7-1-09 LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08 LCB 5-2003, f. & cert. ef. 8-1-03 LCB 4-2002, f. & cert. ef. 12-4-02 LCB 2-2002, f. & cert. ef. 5-24-02 LSCB 2-1995, f. 8-8-95, cert. ef. 8-15-95 LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88, Renumbered from 808-010-0030 LC 1-1984, f. & ef. 7-17-84 LC 1-1981, f. & ef. 10-8-81 LC 3, f. & ef. 2-7-77
808-003-0112 Social Security Number (1) The Landscape Contractors Board will not issue or renew a landscape construction professional license or landscape contracting business license issued to an individual, a sole proprietorship or a general partnership unless an applicant provides his or her social security number on the application or renewal form. The applicant need not provide the social security number on the application for renewal, if the applicant’s social security number has previously been provided to the Landscape Contractors Board and is in the record. (2) If an individual, the owner of a sole proprietorship or partners in a general partnership (where the partners are human beings) has not been issued a social security number by the United States Social Security Administration, the Landscape Contractors Board will accept a written statement from the individual, owner or partners to fulfill the requirements of section (1). The individual, owner or partner must submit the written statement on a form provided by the agency. This form must: (a) Be signed by the individual, owner or partner (where the partner is a human being); (b) Attest to the fact that no social security number has been issued to the individual, owner or partner by the United States Social Security Administration; and (c) Acknowledge that knowingly supplying false information under this section is a Class A misdemeanor, punishable by imprisonment of up to one year and a fine of up to $6,250. (3) Effective January 1, 2020, in lieu of a social security number as required in subsection (1) of this section the applicant may submit a social security number, a federal individual taxpayer identification number or other federally-issued identification number. Statutory/Other Authority: ORS 671.630 Statutes/Other Implemented: ORS 25.278 History: LCB 4-2020, amend filed 03/17/2020, effective 03/17/2020 LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08 LCCB 3-2007, f. & cert. ef. 8-1-07 LCB 2-2004, f. 1-27-04, cert. 2-1-04
808-003-0125 Notification of Change of Address, Employment, Partners or Owners or Ownership Interest (1) Within thirty (30) calendar days following a change of address, the landscape construction professional shall submit written or online notification to the agency as provided in ORS 671.603. (2) Within thirty (30) calendar days following a change of address, the landscape contracting business shall submit written or online notification to the agency as provided in ORS 671.603. (3) A landscape contracting business shall notify the agency in writing within ten (10) days after the date a landscape contracting business' phase of license changes due to: (a) The license phase of an owner or employee who is the licensed landscape construction professional and phase basis of the business changes. A modified license holder must comply with OAR 808-003-0503 for a change of license phase in lieu of this provision; or (b) The landscape construction professional who holds part or wholly the phase basis of the landscape contracting business license ceases to own or be employed by the landscape contracting business. (4) A landscape construction professional shall notify the agency in writing within ten (10) days of the date of termination of employment or ownership from an actively licensed landscape contracting business. (5) A landscape contracting business subject to ORS 671.595 must: (a) Within ten (10) calendar days of the date a managing owner or managing employee ceases to act in the roles as defined in OAR 808-002-0625 or 808-002-0734(2) notify the agency in writing and provide: (A) The effective date of the change; and (B) The name of the managing owner or managing employee ceasing to act in this role. (b) Within thirty (30) calendar days of a change of managing owner or managing employee, designate a new managing owner or managing employee and must have notified the agency in writing and provide: (A) The effective date of the change; and (B) The name of the new managing owner or managing employee performing this role. (6) Within ten (10) calendar days following a change in partners or owners or a change in percentage of an ownership interest, the landscape contracting business shall submit written notification of the change to the agency as required by ORS 671.605. Statutory/Other Authority: ORS 183 & 671 Statutes/Other Implemented: ORS 671.595, 671.600, 671.603 & 671.605 History: LCB 1-2019, amend filed 01/28/2019, effective 02/01/2019 LCB 9-2015, f. 12-22-15, cert. ef. 1-1-16 LCB 7-2010, f. & cert. ef. 10-25-10 LCB 12-2009, f. 12-23-09, cert. ef. 1-1-10 LCB 2-2008, f. & cert. ef. 6-2-08 LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08 LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04 LCB 1-2001, f. 12-4-01, cert. ef. 1-1-02 LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88, Renumbered from 808-010-0034 LC 1-1984, f. & ef. 7-17-84
808-003-0135 Date of Issue/Expiration (1) All licenses shall be issued on the date all application requirements are met. New licenses are valid for up to 13 months. Renewal licenses are valid for one year. (2) Except as set forth in (3) of this rule, the expiration date will be the last day of the month in which the license was originally issued. (3) At the request of the licensee, the agency may adjust the expiration date of the landscape construction professional license to correspond with that of the landscape contracting business license in accordance with ORS 670.310. Statutory/Other Authority: ORS 183 & 671 Statutes/Other Implemented: ORS 671.560 & 671.565 History: LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08 LSCB 2-1997, f. & cert. ef. 11-3-97 LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88, Renumbered from 808-010-0036 LC 1-1984, f. & ef. 7-17-84
808-003-0210 Value of Landscaping Work Performed by a Residential General Contractor A general contractor licensed under ORS 701 who meets the exemption listed in 671.540(1)(h) may perform landscaping work if the total value of the landscaping work is: (1) $3,000 if the landscaping work was completed September 1, 2003 and before September 1, 2008; (2) $3,400 if the landscaping work was completed on September 1, 2008 and before September 1, 2013; (3) $3,800 if the landscaping work was completed on or after September 1, 2013 and before September 1, 2018; or (4) $3,850 if the landscaping work was completed on or after December 1, 2018 and before November 30, 2023. (5) $4,600 if the landscaping work was completed on or after December 1, 2023. (6) The Board will continue to determine the five yearly amount of increase or decrease using the annual average of the most recently completed year in the index. Statutory/Other Authority: ORS 670.310 & ORS 671.670 Statutes/Other Implemented: ORS 671.540 History: LCB 9-2023, amend filed 09/18/2023, effective 10/01/2023 LCB 8-2018, amend filed 11/21/2018, effective 12/01/2018 LCB 5-2013, f. 9-30-13, cert. ef. 10-1-13 LCB 12-2009, f. 12-23-09, cert. ef. 1-1-10 LCB 10-2008, f. & cert. ef. 11-6-08 LCB 5-2003, f. & cert. ef. 8-1-03
808-003-0220 Voluntary Surrender/Resignation of License (1) A landscape construction professional or landscape contracting business may request resignation and surrender of the holder’s license issued under ORS 671, by submitting: (a) A written resignation; (b) A written acknowledgment that, after such resignation, in the event that the licensee wishes to reapply for a license to perform landscaping work, the licensee must meet all requirements of ORS Chapter 671 and OAR chapter 808; (c) A written acknowledgment that the licensee will take action to prevent all reasonably foreseeable harm to the licensee’s current clients upon resignation. (2) A resignation is effective only with the express written approval of the agency. Such license will not be subject to renewal. (3) If the licensee is the subject of a complaint filed with the Board or a Board investigation, or if disciplinary proceedings are pending against a licensee, the resignation by such licensee may not be approved by the Agency. (4) Upon any subsequent application to perform landscaping work, the licensee must meet all requirements of ORS Chapter 671 and OAR chapter 808. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 671.525 & 671.565 History: LCB 2-2023, amend filed 03/21/2023, effective 04/01/2023 LCB 6-2015, f. 7-29-15, cert. ef. 8-1-15 LCB 10-2008, f. & cert. ef. 11-6-08 LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08 LCB 5-2004, f. & cert. ef. 10-4-04
808-003-0225 Terms of Probation The board may place a landscape contracting business, landscape contracting business owner or landscape construction professional on probation pursuant to ORS 671.614. In placing a landscaping contracting business, landscaping contracting business owner or landscape construction professional on probation, the board may, in addition to imposing conditions outlined in 671.614(3) & (4), require that the landscaping contracting business, landscaping contracting business owner or landscape construction professional: (1) Submit to the board copies of all written contracts entered into during the period of probation; (2) Submit to the board copies of all billing invoices (or those that the board specifies) issued during the period of probation; (3) Submit copies to the board of all permits required for landscaping work during the period of probation; (4) Authorize the board to contact the customers of the landscaping contracting business and supply to the board the names, addresses and phone numbers of such customers; and (5) Maintain a log of site visits and customer contacts during the period of probation. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 671.614 History: LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08 LCB 6-2005, f. 12-30-05, cert. ef. 1-1-06
808-003-0231 Restoration of a License that has not been Permanently Revoked As provided in ORS 671.610(6) a license that has not been permanently revoked may be restored. This rule shall be effective as of July 1, 2012. The license may be restored under the following circumstances: (1) Revocation for nonpayment of a claim under a final order of the board or an arbitration award or under a judgment rendered in this or any other state. To restore license, revoked licensee must pay the claim under a final order of the board, arbitration award, or judgment rendered in this or any other state in full, or make arrangements for payment of a claim under a final order of the Board if approved by the Board. If restored licensee fails to timely comply with payment arrangements approved by the Board, licensee is subject to revocation, including permanent revocation. (2) Revocation for non-payment of civil penalty. To restore license, revoked licensee must pay all civil penalties assessed and owing in full, or make arrangements for payment of civil penalty approved by the board. If the restored licensee fails to timely comply with payment arrangements approved by the Board, licensee is subject to revocation, including permanent revocation. Statutory/Other Authority: ORS 670.310 & 671.760 Statutes/Other Implemented: ORS 671.610 History: LCB 12-2014, f. & cert. ef. 12-1-14
808-003-0234 Inactive Military Status (1) Active duty military licensees may place their license on inactive military status by submitting documentation that substantiates the call to active duty. (2) Active duty military personnel are exempt from renewal and late fees. Civilian military personnel are not exempt from renewal and late fees. (3) To renew a license to inactive military status, this request must be received in writing in the LCB office along with documentation that substantiates the call to active duty. (4) Inactive military status licensees do not need to comply with the CEH requirements while on inactive military status and up to 60 days after an honorable discharge. (5) Upon honorable discharge to convert a license form inactive military status to active status, the servicemember must submit a written request within 60 days from the date of discharge. No renewal or late fee will be charged until the first renewal date after conversion of that license. No CEH will be required until the first renewal date after conversion of that license. Statutory/Other Authority: ORS 670.310 & 671.670 History: LCB 5-2016, f. & cert. ef. 5-23-16
808-003-0235 Inactive Status Generally (1) A licensee may not convert a license to inactive status if the licensee is engaged in work as a landscape contracting business or is operating as a landscape construction professional; (2) A licensee may not offer to undertake, advertise for, submit a bid to, obtain a permit for, or perform landscaping work while in inactive status; (3) A licensee shall notify the board of any change of address while in inactive status. While the licensee is inactive, the board will send notices and communications to the licensee at the licensee's last known address of record. (4) To convert to inactive status: (a) A licensee must have a current active license or a license that expired less than two years prior to the request for inactive status; (b) If the licensee was subject to discipline or probation by the board, the licensee must satisfy any conditions imposed by the board as a result of the discipline; (c) The licensee must submit a request to convert to inactive status on forms provided by the board; and (d) The licensee must comply with OAR 808-003-0240 or 808-003-0245. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 671.568 & 671.574 History: LCB 6-2010, f. 8-12-10, cert. ef. 8-13-10 LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08 LCB 6-2005, f. 12-30-05, cert. ef. 1-1-06
808-003-0240 Inactive Status Request at Renewal (1) A request to convert a license to inactive status made at the time of renewal of the license must be accompanied by fees required under OAR 808-003-0130. (2) If a license is converted to inactive status at the time of renewal of the license, the effective date of the renewed license shall be the expiration date of the previous license. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 671.568 & 671.574 History: LCB 6-2005, f. 12-30-05, cert. ef. 1-1-06
808-003-0245 Inactive Status Request Other than at Renewal (1) A request to convert a license to inactive status made prior to the expiration date of the license, but at a time other than the time of renewal of the license, will be accepted only if the licensee making the request has paid all applicable fees under OAR 808-003-0130. (2) If a license is converted to inactive status prior to the expiration date of the license, but at a time other than the time of renewal of the license, the effective dates of the license will remain unchanged and the license will expire on the upcoming expiration date. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 671.568 & 671.574 History: LCB 6-2005, f. 12-30-05, cert. ef. 1-1-06
808-003-0250 Renewal of Inactive Status To renew an inactive license in an inactive status: (1) The licensee must submit the request to renew the license in inactive status on forms provided by the board; (2) The licensee must submit the fees required under OAR 808-003-0130. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 671.568 & 671.574 History: LCB 6-2005, f. 12-30-05, cert. ef. 1-1-06
808-003-0255 Converting from Inactive to Active Status (1) To convert a landscape contracting business license from inactive status to active status, a licensee must: (a) Submit a request to convert to active status on forms provided by the board; (b) Submit a surety bond, irrevocable letter of credit or deposit as required by ORS 671.690; (c) Submit proof of insurance as required by ORS 671.565(1)(e); and (d) Comply with all other licensing requirements as prescribed by the board. (2) To convert a landscape construction professional license from inactive status to active status, a licensee must: (a) Submit a request to convert to active status on forms provided by the board; (b) Comply with the continuing education requirements of OAR 808-040-0080; and (c) Comply with all other licensing requirements as prescribed by the Board. (3) If a licensee requests conversion from an inactive to active status at the time of renewal, the licensee must submit all fees required under OAR 812-003-0130. (4) If a licensee requests conversion from inactive to active status other than at the time of renewal, the licensee must be current to date upon all fees due and owing under OAR 812-003-0130. (5) If a license is converted from inactive to active status, the board shall establish the effective date of the license. The expiration date of the license will remain unchanged. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 671.568 & 671.574 History: LCB 6-2010, f. 8-12-10, cert. ef. 8-13-10 LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08 LCB 6-2005, f. 12-30-05, cert. ef. 1-1-06
808-003-0265 Temporary Authorization for Military Spouse (1) A spouse of a member of the Armed Forces of the United States who is stationed in Oregon may obtain a temporary authorization as a landscape construction professional valid until the earliest of the following: (a) Two years from the date of issue; (b) The date the applicant's spouse completes the spouse's active-duty service in Oregon; or (c) The date the applicant's authorization issued by another state expires. (2) The applicant shall complete an application as provided in OAR 808-003-0015. (3) The applicant may apply for any phase of license listed in OAR 808-003-0035(1). (4) The applicant must hold a current authorization in another state to perform landscaping work as defined in OAR 808-002-0500. (5) The applicant must be in good standing in the state or states in which the applicant is currently licensed. For purposes of this subsection, "good standing" means the applicant: (a) Does not have any unpaid claims or debts relating to landscape activities; and (b) Has not been convicted of any crime as stated in ORS 671.610(1)(s). (6) To demonstrate competency, the applicant must successfully pass the Laws, Rules and Business Practices section of the exam. (7) The applicant shall: (a) pay the application fee as provided in OAR 808-003-0710(1); and (b) pay the license fee as provided in OAR 808-003-0130(1). (8) These requirements do not eliminate or supersede any requirement for any other license or credential required by another Oregon state agency or local government. Statutory/Other Authority: HB 3030 (2019) & SB 688 (2019) Statutes/Other Implemented: HB 3030 (2019) & SB 688 (2019) History: LCB 1-2020, adopt filed 03/17/2020, effective 03/17/2020
808-003-0440 Notification of Conviction of a Crime A sole proprietor or partner in a partnership or individual landscape construction professional licensed by the agency who is convicted of a crime listed in ORS 671.610(1)(q) must notify the agency in writing within 30 days from the date of the entry of the judgment of conviction. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 671.610 History: LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08 LCCB 3-2007, f. & cert. ef. 8-1-07
808-003-0450 License Fitness Standards (1) In considering whether to sanction an applicant or licensee pursuant to ORS 671.610(1)(s), the agency shall consider whether the applicant’s or licensee’s criminal conduct is substantially related to the fitness and ability of the applicant or licensee to engage in landscaping work. Fitness to engage in landscaping work includes, but is not limited to, the ability to refrain from the violent, threatening, intimidating or sexually predatory behavior. Factors to be considered in suspending, revoking or refusing to issue or renew a license include, but are not limited to, the date of the offense and the circumstances of the crime. In addition, factors relating to rehabilitation, or lack thereof, as evidence by intervening events include, but are not limited to: failure to complete the criminal sentence, including probation or parole; failure to complete court ordered treatment; or failure to pay court ordered restitution. (2) Upon notice and request from the agency, it will be the duty of an applicant or licensee to provide the requested information in order for the agency to conduct a criminal background check as authorized by ORS 671.610(1)(s). Requested information includes, but is not limited to police reports, record of conviction, parole or probation reports, restitution records, counseling reports, and letters of recommendation. (3) Failure to provide requested information in (2) of this section may result in a suspension, revocation or refusal to issue or renew a license. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 671.560, 671.565, 671.610 & 671.703 History: LCB 7-2024, minor correction filed 06/28/2024, effective 06/28/2024 LCB 10-2008, f. & cert. ef. 11-6-08 LCCB 3-2007, f. & cert. ef. 8-1-07