justicedao/ipfs_state_laws huggingface dataset:
808-004-0120 Liability of Landscape Contracting Business A licensed landscape contracting business participating in a corporation wholly-owned by the landscape contracting business, or a limited liability partnership, limited liability company, joint venture, limited partnership or partnership, may be held liable for claim actions brought under ORS 671.690 to 671.710, whether or not the corporation, limited liability partnership, limited liability company, joint venture, limited partnership or partnership was licensed as required by ORS chapter 671. Statutory/Other Authority: ORS 183.310 - 183.500, 670.310 & 671 Statutes/Other Implemented: ORS 671. History: LCB 3-2008, f. & cert. ef. 4-11-08 LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08 LCB 3-2006, f. & cert. ef. 8-2-06 LCB 4-2002, f. & cert. ef. 12-4-02
808-004-0160 Establishment of Co-Claimant The agency may allow a person to become a co-claimant, with the claimant's permission and if the person otherwise qualifies as a claimant, even if the co-claimant did not sign the Statement of Claim form. Statutory/Other Authority: ORS 183, 670.310 & 671.670 Statutes/Other Implemented: ORS 183.455 & 671.703 History: LCB 6-2016, f. & cert. ef. 5-23-16 LCB 1-2000, f. & cert. ef. 2-1-00
808-004-0195 Exhibits If a party to a claim submits a document that is larger than 8-1/2 inches by 14 inches or a photograph as an exhibit, the agency may require that the party submit four copies of the document or photo. Statutory/Other Authority: ORS 36, 87, 183, 670, 671.670, HB 2279, Ch. 598 & OL Statutes/Other Implemented: ORS 36, 87, 183 & 671 History: LCB 1-2005, f. & cert. ef. 2-15-05
808-004-0211 Address of Claimant and Respondent (1) Initial notice of a contested case or arbitration directed to the last known address of record of a party to a claim shall be considered delivered when deposited in the United States mail and sent registered or certified or post office receipt secured. (2) All other communication directed to the last known email address of record or mailing address of record of a party to a claim shall be considered delivered when sent by email or deposited in the United States mail and sent by regular mail. The last known address of a claimant means the email address or mailing address provided by the claimant in writing to the agency when the claim was initially filed or as a change of address as stated in subsection (3). The last known address of the respondent has the same meaning as stated in OAR 808-002-0540. (3) A party must notify the agency in writing within 10 days of any change in the party's mailing or email address, withdrawal or change of the party's attorney, or change of mailing or email address of the party's attorney during the processing of the claim and until 90 days after the date the agency notifies the parties that the claim is closed. Statutory/Other Authority: ORS 670.310 & ORS 671.670 Statutes/Other Implemented: ORS 671.603 History: LCB 1-2024, amend filed 06/03/2024, effective 06/03/2024 LCB 6-2016, f. & cert. ef. 5-23-16 LCB 9-2015, f. 12-22-15, cert. ef. 1-1-16 LCB 1-2005, f. & cert. ef. 2-15-05 LCB 6-2004(Temp), f. & cert. ef. 12-15-04 thru 6-10-05
808-004-0250 Exclusion of Certain Damages from Award (1) Except as provided in section (2) of this rule and subject to OAR 808-008-0420, an order of the board or arbitration award for monetary damages in a claim, including but not limited to an order of the Board arising from a court judgment, award or decision by a court, arbitrator or other entity may not include an award for: (a) Attorney fees; (b) Court costs; (c) Interest; (d) Costs to pursue litigation or the claim; (e) Service charges or fees; or (f) Other damages not directly related to negligent or improper work under the contract or breach of the contract that is the basis of the claim. (2) An order by the board or arbitration award for monetary damages that are payable from the respondent's bond required under ORS 671.690 may include an award for attorney fees, costs, interest or other costs as follows: (a) An order or arbitration award in an owner claim may include interest expressly allowed as damages under a contract that is the basis of the claim. (b) An order in a construction lien claim may include attorney fees, court costs, interest and service charges allowed under OAR 808-004-0530(4). Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 183.415 & 183.460 History: LCB 6-2016, f. & cert. ef. 5-23-16 LCB 6-2007, f. 12-24-07, cert. ef. 1-1-08 LCB 3-2006, f. & cert. ef. 8-2-06 LCB 1-2005, f. & cert. ef. 2-15-05 LCB 4-2002, f. & cert. ef. 12-4-02 LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-004-0030 LSCB 2-1995, f. 8-8-95, cert. ef. 8-15-95 LCB 1-1992, f. 1-27-92, cert. ef. 2-1-92 LCB 3-1991(Temp), f. & cert. ef. 12-3-91 Renumbered from 808-010-0045, LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88 LC 1-1984, f. & ef. 7-17-84 LC 1-1981, f. & ef. 10-8-81 LC 3, f. & ef. 2-7-77
808-004-0260 Order Dismissing a Claim (1) If the agency dismisses a claim because the claimant did not allow the person against whom the claim was filed to be present at any on-site investigation made by the board, or because the claimant does not permit the person against whom the claim was filed to comply with recommendations made by the board through the mediation process, the dismissal of the claim is an order in other than a contested case. (2) Before a claim is dismissed, the agency shall, in writing, provide the claimant an opportunity, to offer evidence that the basis for dismissal was due to excusable neglect. An order to dismiss a claim shall be made in writing and issued to the claimant and the person against whom the claim was filed. (3) The agency may determine not to dismiss a claim closed under this rule if the claimant, within 30 days of the Board offering the claimant an opportunity to demonstrate excusable neglect, provides the board with evidence that the cause of the claimant’s failure to allow the person against whom the claim was filed to be present at any on-site investigation or failure to permit the person against whom the claim was filed to comply with recommendations made by the board through the mediation process was due to excusable neglect by the claimant. Statutory/Other Authority: ORS 670.310 & 671.703 Statutes/Other Implemented: ORS 183.480 & 671.703 History: LCB 6-2016, f. & cert. ef. 5-23-16 LCB 6-2003, f. & cert. ef. 10-1-03 LCB 4-2002, f. & cert. ef. 12-4-02
808-004-0300 Filing Date of Claims (1) A claim shall be deemed to have been filed when a Statement of Claim is received by the agency that: (a) Is in substantial compliance with OAR 808-004-0340; and (b) Contains information that is sufficient to identify the claimant and respondent. (2) A claim form that does not fully comply with the requirement of OAR 808-004-0340 is subject to 808-004-0350 Statutory/Other Authority: ORS 183, 670.310 & 671.670 Statutes/Other Implemented: ORS 671.700 & 671.703 History: LCB 1-2005, f. & cert. ef. 2-15-05 LCB 5-2003, f. & cert. ef. 8-1-03 LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-004-0030 LSCB 2-1995, f. 8-8-95, cert. ef. 8-15-95 LCB 1-1992, f. 1-27-92, cert. ef. 2-1-92 LCB 3-1991(Temp), f. & cert. ef. 12-3-91 Renumbered from 808-010-0045, LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88 LC 1-1984, f. & ef. 7-17-84 LC 1-1981, f. & ef. 10-8-81 LC 3, f. & ef. 2-7-77
808-004-0310 Notice Required by ORS 671.700 A Statement of Claim in compliance with OAR 808-004-0340 filed with the agency is notice of the claim for purposes of ORS 671.700. Statutory/Other Authority: ORS 183, 670.310 & 671.670 Statutes/Other Implemented: ORS 671.700 History: LCB 6-2016, f. & cert. ef. 5-23-16 LCB 1-2000, f. & cert. ef. 2-1-00
808-004-0350 Procedure if Information on Statement of Claim is Incomplete The agency may refuse to accept a claim if: (1) The Statement of Claim does not meet the requirements of OAR 808-004-0340; and (2) The claimant fails to provide the missing information in response to a written request from the agency for the information within 30 days. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 671.703 History: LCB 6-2016, f. & cert. ef. 5-23-16 LCB 5-2003, f. & cert. ef. 8-1-03
808-004-0360 Addition of Claim Items Effective January 1, 2017, if the agency conducts mediation or holds an on-site meeting, the claimant may add new claim items up to and through the mediation process or initial on-site meeting, whichever is latest. Agency staff will determine the completion date of the mediation process. New items added to a timely filed claim under this rule are considered timely filed. Statutory/Other Authority: ORS 670.310 & 671.760 Statutes/Other Implemented: ORS 671.700 & 671.703 History: LCB 1-2018, adopt filed 01/25/2018, effective 01/28/2018 LCB 6-2017(Temp), f. 7-27-17, cert. ef. 8-1-17 thru 1-27-18
808-004-0400 Initial Administrative Processing of Claims (1) Upon receipt of a claim, the agency shall (a) Make a preliminary determination that the board has or lacks jurisdiction over the claim based on the information provided by the claimant; (b) Verify that claimant has provided information required under OAR 808-004-0340 and request additional information from claimant if necessary: (2) If the agency determines that the claim should be accepted based on the information submitted by the claimant, the agency shall: (a) Furnish the landscape contracting business with a copy of the claim; and (b) Request the landscape contracting business respond to the claim items. (3) The agency may initiate an investigation to determine the validity of the claim. The investigation may include an on-site meeting. Statutory/Other Authority: ORS 183, 670.310 & 671.670 Statutes/Other Implemented: ORS 183.415, 183.460 & 671.703 History: LCB 6-2016, f. & cert. ef. 5-23-16 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 5-2003, f. & cert. ef. 8-1-03 LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-004-0030 LSCB 2-1995, f. 8-8-95, cert. ef. 8-15-95 LCB 1-1992, f. 1-27-92, cert. ef. 2-1-92 LCB 3-1991(Temp), f. & cert. ef. 12-3-91 Renumbered from 808-010-0045, LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88 LC 1-1984, f. & ef. 7-17-84 LC 1-1981, f. & ef. 10-8-81 LC 3, f. & ef. 2-7-77
808-004-0420 Processing Owner and Primary Contractor Claim Together If a claim based on the same facts and issues is received at any time during the processing of a primary contractor claim or a homeowner claim, the two claims will be processed together. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 671.703 History: LCB 5-2003, f. & cert. ef. 8-1-03
808-004-0450 On-site Meeting and Attendance (1) If the parties agree to agency mediation, the agency may schedule an on-site meeting among the parties for the purpose of discussion of a mediation settlement of a claim and investigation of the claim. The agency shall mail notice of the meeting no less than 14 days prior to the date scheduled for the meeting. (2) If the agency schedules an on-site meeting, the following apply: (a) The claimant must allow access to the property that is the subject of the claim. (b) The claimant or an agent of the claimant must attend the meeting. An agent of the claimant must have knowledge of all claim items included in the claim and must have authority to enter into a mediation settlement of the claim. The agency may waive the requirement that an agent have authority to enter into a settlement of the claim if there is evidence that the respondent will not attend the on-site meeting. (c) The claimant must allow the respondent to be present at the on-site meeting as required under ORS 671.703. (d) The individual landscape construction professional whose phase of license is the basis for the landscape contracting business license and who supervised the project must attend the meeting as required by OAR 808-003-0018. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 671.703 History: LCB 6-2016, f. & cert. ef. 5-23-16 LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08 LCB 3-2006, f. & cert. ef. 8-2-06 LCB 4-2002, f. & cert. ef. 12-4-02
808-004-0480 Resolution by Settlement and Construction of Settlement Agreement (1) The agency may present a mediation settlement proposal to the claimant and respondent for their consideration and agreement at an on-site meeting conducted under OAR 808-004-0450. (2) If the claimant and respondent sign a mediation settlement agreement, the agreement shall be binding upon each party unless breached by the other. (3) Mediation settlement agreements may be considered by the agency to be substituted contracts and damages may be based on the settlement. (4) If at any time during the processing of the claim, the claimant accepts a promissory note from the respondent or other compromise as settlement of the claim, the agency may consider the agreement to be a substituted contract, and base the continued processing of the claim on the substituted contract. Statutory/Other Authority: ORS 183, 670.310 & 671.670 Statutes/Other Implemented: ORS 183.415, 183.460 & 671.703 History: LCB 6-2016, f. & cert. ef. 5-23-16 LCB 4-2002, f. & cert. ef. 12-4-02 LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-004-0030 LSCB 2-1995, f. 8-8-95, cert. ef. 8-15-95 LCB 1-1992, f. 1-27-92, cert. ef. 2-1-92 LCB 3-1991(Temp), f. & cert. ef. 12-3-91 Renumbered from 808-010-0045, LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88 LC 1-1984, f. & ef. 7-17-84 LC 1-1981, f. & ef. 10-8-81 LC 3, f. & ef. 2-7-77
808-004-0500 Closure of Claim After Settlement If claimant and respondent agree to a mediation settlement, the following apply: (1) The agency shall notify the claimant that the claimant must notify the agency in writing whether the terms of the settlement have been fulfilled within 30 days of the date shown on the mediation settlement for completion of the terms of the settlement. (2) If the claimant notifies the agency that the terms of the mediation settlement agreement have been fulfilled, or fails within 30 days to notify the agency that terms of the mediation settlement have not been fulfilled, the agency shall consider the claim satisfied. (3) If the claimant notifies the agency within 30 days of the date shown on the mediation settlement for completion that the terms of the mediation settlement have not been fulfilled, the agency shall make inquiry, investigation, or both into what is alleged not to have been fulfilled. (a) If the agency agrees that those terms have not been fulfilled, the agency may provide the respondent an opportunity to fulfill the terms and forward the claim to the board for issuance of an order for award of damages if the terms remain unfulfilled for a period of time determined by the agency, or may forward the claim directly to the board for issuance of an award for damages. (b) If the agency determines those terms have been fulfilled, the agency may consider the claim satisfied. Statutory/Other Authority: ORS 183, 670.310 & 671.670 Statutes/Other Implemented: ORS 183.415, 183.460 & 671.703 History: LCB 6-2016, f. & cert. ef. 5-23-16 LCB 4-2002, f. & cert. ef. 12-4-02 LCB 3-2000, f. & cert. ef. 7-26-00 LCB 2-2000(Temp), f. 5-31-00, cert. ef. 5-31-00 thru 11-26-00 LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-004-0030 LSCB 2-1995, f. 8-8-95, cert. ef. 8-15-95 LCB 1-1992, f. 1-27-92, cert. ef. 2-1-92 LCB 3-1991(Temp), f. & cert. ef. 12-3-91 Renumbered from 808-010-0045, LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88 LC 1-1984, f. & ef. 7-17-84 LC 1-1981, f. & ef. 10-8-81 LC 3, f. & ef. 2-7-77
808-004-0510 Court Judgments and Other Authorized Entity Determinations (1) As used in this rule a “court judgment, arbitration award or other entity determination" means a judgment, award or determination by a court, arbitrator or other entity, as that phrase is defined in Division 2 of this chapter. (2) The agency may not issue an order for the payment of a court judgment, arbitration award or final order from a bond or letter of credit or deposit unless the claim was (a) timely filed with the agency, (b) that claim is regarding the same matter that resulted in the judgment, final order or award; and (c) the board is able to determine from review of the pleadings and ultimate form of judgment, final order or award the individual amounts, or sum total amount, awarded for an item or collection of items, set forth in the claim filed with the Board that are within the Board’s jurisdiction. ( 3) Upon the effective date of the 2023 rule amendments, the provisions of this rule will apply to: (a) all claims that remain open at the Board, and (b) all claims received after the effective date of the 2023 rule amendments. (4) The 2023 amendments to this rule will not be applied to claim cases closed prior to the effective date of this rule. Statutory/Other Authority: ORS 183.325 - 183.410, ORS 670.310 & ORS 671.670 Statutes/Other Implemented: ORS 671.703 History: LCB 10-2023, minor correction filed 10/11/2023, effective 10/11/2023 LCB 1-2023, amend filed 03/21/2023, effective 03/21/2023 LCB 9-2018, amend filed 11/21/2018, effective 12/01/2018 LCB 6-2016, f. & cert. ef. 5-23-16 LCB 1-2005, f. & cert. ef. 2-15-05 LCB 4-2002, f. & cert. ef. 12-4-02, Renumbered from 808-004-0200 LCB 3-2000, f. & cert. ef. 7-26-00 LCB 2-2000(Temp), f. 5-31-00, cert. ef. 5-31-00 thru 11-26-00 LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-004-0040 LSCB 2-1995, f. 8-8-95, cert. ef. 8-15-95 LCB 1-1992, f. 1-27-92, cert. ef. 2-1-92 LCB 3-1991(Temp), f. & cert. ef. 12-3-91 LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88
808-004-0520 Processing of Claim Submitted to Court, Arbitrator or Other Entity (1) "Court, arbitrator or other entity" has the meaning given that phrase in Division 2 of this chapter. (2) The agency may suspend processing a claim if: (a) Either party transfers a claim to a court, arbitrator or other entity, to address the same facts and issues contained in the statement of claim filed against Respondent, including but not limited to suits based on breach of contract, negligence or incompetence, damages, a complaint for declaratory judgment, another complaint that arises from the contract or work that is the subject of the claim, and suits to foreclose a lien involving the same contract at issue in the claim; or (b) The agency requires the claimant to submit the claim to a court of competent jurisdiction because the agency determined that a court is the appropriate forum for the adjudication of the claim due to the nature or complexity of the claim. (3) If the agency suspends processing a claim under subsection (2) of this rule, the agency shall notify the claimant on the date it suspends processing the claim that processing has been suspended. (4) Within 30 days of the date of final action by the court, arbitrator or other entity, the claimant shall deliver to the agency a certified copy of the final judgment; a copy of the arbitration award, or a copy of the decision by another entity, as well as copy of the complaint or other pleadings on which the judgment, award or decision was based. (5) The agency shall accept a final judgment, award or decision of the court, arbitrator or other entity as stated in subsection (4) of this rule as the final determination of the merits of the claim, with respect to any and all issues from the claim addressed by the final judgment, award or decision if the final judgment, award or decision of the court, arbitrator or other entity includes individual monetary awards for claims timely filed with the Board; or (6) If the claim meets all requirements of ORS 671.695 to ORS 671.703 and OAR 808, Division 004, and a final judgment, award or decision includes a requirement for the Respondent to pay the Claimant, such award, judgment or decision qualifies as a claim against the bond. (5) If any issues from the claim are not addressed by the final judgment, award, or decision, the agency may resume processing the claim, with respect to those issues from the claim that are not addressed by the final judgment, award, or decision. Statutory/Other Authority: ORS 183, 670.310 & 671.670 Statutes/Other Implemented: ORS 183.415, 183.460, 671.703 & 671.575 History: LCB 9-2018, amend filed 11/21/2018, effective 12/01/2018 LCB 6-2016, f. & cert. ef. 5-23-16 LCB 3-2006, f. & cert. ef. 8-2-06 LCB 1-2005, f. & cert. ef. 2-15-05 LCB 6-2003, f. & cert. ef. 10-1-03 LCB 4-2002, f. & cert. ef. 12-4-02 LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-004-0030 LSCB 2-1995, f. 8-8-95, cert. ef. 8-15-95 LCB 1-1992, f. 1-27-92, cert. ef. 2-1-92 LCB 3-1991(Temp), f. & cert. ef. 12-3-91 Renumbered from 808-010-0045, LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88 LC 1-1984, f. & ef. 7-17-84 LC 1-1981, f. & ef. 10-8-81 LC 3, f. & ef. 2-7-77
808-004-0540 Establishing Monetary Damages, Issuing Proposed Default Order or Referring Claim for Hearing If the claimant seeks monetary damages or the agency so requests, the claimant shall file a declaration of damages stating the amount the claimant alleges the respondent owes the claimant, limited to claim items listed in the Statement of Claim. The agency may require the claimant to submit, in support of the amount alleged: (1) One or more estimates from licensed landscape contracting businesses for the cost of correction of each of the claim items; or (2) Other basis for monetary award. Statutory/Other Authority: ORS 183, 670.310 & 671.670 Statutes/Other Implemented: ORS 183.415, 183.460, 183.470 & 671.703 History: LCB 6-2016, f. & cert. ef. 5-23-16 LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08 LCB 3-2006, f. & cert. ef. 8-2-06 LCB 6-2003, f. & cert. ef. 10-1-03 LCB 4-2002, f. & cert. ef. 12-4-02 LCB 3-2000, f. & cert. ef. 7-26-00 LCB 2-2000(Temp), f. 5-31-00, cert. ef. 5-31-00 thru 11-26-00 LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-004-0030 LSCB 2-1995, f. 8-8-95, cert. ef. 8-15-95 LCB 1-1992, f. 1-27-92, cert. ef. 2-1-92 LCB 3-1991(Temp), f. & cert. ef. 12-3-91 Renumbered from 808-010-0045, LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88 LC 1-1984, f. & ef. 7-17-84 LC 1-1981, f. & ef. 10-8-81 LC 3, f. & ef. 2-7-77
808-005-0010 Migrated from Repeals and Renumbers file [Reserved] History: 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
808-005-0030 Civil Penalty Collections The agency may initiate its own collection proceedings, assign the matter to the Department of Revenue for collection, and/or commence an action as provided in ORS 671.955 Statutory/Other Authority: ORS 183.325 - 183.410, 670.310 & 671.670 Statutes/Other Implemented: ORS 671.670 History: LCB 4-2002, f. & cert. ef. 12-4-02 LCB 1-1992, f. 1-27-92, cert. ef. 2-1-92 LCB 2-1991(Temp), f. 9-27-91, cert. ef. 9-29-91 LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88