justicedao/ipfs_state_laws huggingface dataset:
808-003-0500 Application for modified license (1) An application for a modified phase of landscape construction professional license must be on forms provided by the agency and must be accompanied by: (a) a non-refundable application fee; (b) Verification of one (1) year of landscape related experience or alternative experience as required in OAR 808-003-0025; (c) Documentation of any unpaid court judgment, arbitration award or administrative agency final order entered or issued in any state that requires the applicant to pay damages arising out of the performance of, or a contract for, landscaping work issued on or after January 1, 2008, along with the status of any appeal or exceptions. For purposes of this rule and ORS 671.563, “applicant” means the person applying for the individual landscape construction professional license; (d) Full and complete answers to Licensing and Litigation History and Criminal Background sections; (e) Social security number of the applicant; (f) Mailing and physical address of the applicant; and (g) Signature of applicant. Effective January 1, 2020, in lieu of a social security number, a federal individual taxpayer identification number or other federally-issued identification number. (2) An applicant for a modified landscape construction professional license must pass the Laws, Rules and Business Practice section of the conventional examination and comply with all requirements of OAR 808-003-0700 to OAR 808-003-0850. (3) An applicant for a modified landscape contracting business license must comply with the requirements of OAR 808-003-0015(1) and (2). (4) A landscape construction professional license and a landscape contracting business license may not be issued a modified phase of license if that person or business holds an endorsement as a residential or commercial general contractor under ORS chapter 701. If a landscape construction professional or a landscape contracting business holding a modified phase of license obtains an endorsement as a residential or commercial general contractor under ORS chapter 701, the landscape construction professional and landscape contracting business must surrender the landscape construction professional and landscape contracting business license or change the phase of licensure or the board may suspend the landscape construction professional and landscape contracting business license. Statutory/Other Authority: ORS 670.310 & ORS 671.670 Statutes/Other Implemented: ORS 671.560 History: LCB 3-2023, amend filed 03/21/2023, effective 04/01/2023 LCB 7-2021, amend filed 11/23/2021, effective 12/01/2021 LCB 4-2020, amend filed 03/17/2020, effective 03/17/2020 LCB 8-2019, amend filed 12/23/2019, effective 01/01/2020 LCB 4-2019, temporary amend filed 08/30/2019, effective 09/30/2019 through 03/27/2020 LCB 1-2019, adopt filed 01/28/2019, effective 02/01/2019
808-003-0501 Scope of work for modified license (1) Scope of work for a Modified License holder. A landscape contracting business with a Modified License phase may advertise for or perform the following work: (a) plan or install lawns, shrubs, vines, trees or nursery stock. This also includes the preparation of the property on which the vegetation is to be installed as defined in OAR 808-002-0500; (b) plan, install, maintain and repair fences, arbors, patios, landscape edging, driveways, walkways; (c) plan, install, maintain and repair decks if no permit is required; and (d) grading, when performed in conjunction with the work defined in subsection (1) of this rule. For purposes of the Modified License, grading means incidental to the construction of a landscape feature not to exceed five cubic yards; and (e) removal of trees, pruning of trees, removal of tree limbs or stumps or to engage in tree or limb guying as provided in ORS 701.005(5)(e). (2) A landscape contracting business with a Modified License phase may only perform landscaping work as defined in subsection (1) of this rule. The defined landscaping must be completed without piercing the building envelope. (3) Landscaping work as a Modified License holder does not include planning, installation, maintenance or repair of: (a) grading, unless done in conjunction with the landscaping work as defined in subsection (1) of this rule; (b) landscape drainage systems (c) ornamental water features; (d) landscape irrigation and irrigation design; (e) backflow installation; (f) low voltage wiring; and (g) retaining walls. (4) A landscape contracting business with a Modified License may not include in its advertising maintenance or repair of any of the work set forth in subsection 3(a) – (g) above. Statutory/Other Authority: ORS 671.670 & ORS 670.320 Statutes/Other Implemented: ORS 671.560 & ORS 701.005 History: LCB 2-2024, amend filed 06/03/2024, effective 06/03/2024 LCB 3-2021, amend filed 07/20/2021, effective 07/20/2021 LCB 1-2019, adopt filed 01/28/2019, effective 02/01/2019
808-003-0502 Modified license requirements (1) Job Charges. A landscape contracting business with a Modified License phase may only arrange, submit a bid, offer or contract for a landscape job that does not exceed $5,000 whether completed on a time and materials or bid basis. For purposes of this rule “landscape job” means the performance of, bidding on, contracting for, or arranging for landscaping work on a given job site with the same owner in any 12-month period, regardless of the number of contracts or bids submitted. (2) A landscape contracting business with a Modified License phase may request an increase in its job charge limit from a do not exceed of $5000 to a do not exceed of $6,500 and, at the same time, a corresponding increase in its scope of work to include the installation of low voltage lighting. An increase request must be made in writing. An increase request will not be effective until approved by the board. For a job charge increase and additional scope of work to be approved the landscape contracting business must have attained the following status: (a) been actively licensed for at least twelve (12) months; (b) not have been assessed any Board issued civil penalty during that twelve (12) month period; and (c) not have had any claim filed against it that is accepted and within the board’s jurisdiction during that twelve (12) month period. (3) Subcontracting. A landscape contracting business with a modified license phase may subcontract work as stated in OAR 808-003-0040(3)(b)(4) & (5). (4) A landscape contracting business with a modified license phase must comply with all other license requirements of ORS 671.520 to 671.760 and OAR Chapter 808, including, but not limited to liability insurance, bonding, workers compensation, written contract requirements and address change notification. (5) A modified landscape construction professional license holder; (a) must be the owner of the landscape contracting business; (b) cannot be the supervisory landscape construction professional for another landscape contracting business license; and (c) comply with all other license requirements of ORS 671.520 to 671.760 and OAR Chapter 808, including, but not limited to direct supervision of unlicensed employees and continuing education. Statutory/Other Authority: ORS 670.310 & ORS 671.670 Statutes/Other Implemented: ORS 671.560 History: LCB 1-2019, adopt filed 01/28/2019, effective 02/01/2019
808-003-0503 Change of license category for modified license (1) Change of license phase, individual. A modified landscape construction professional license cannot be changed to or include any other phase of license. To change to a different phase of license, the landscape construction professional must obtain a new phase of license by meeting all of the requirements of ORS 671.570 and the modified license phase will be terminated. (2) Change of license phase, business. A modified landscape contracting business license cannot include any other phase of license, but may be changed to another phase of license if the landscape construction professional holding that modified license: (a) changes to a different phase of license as required in subsection (1) of this rule; or (b) changes the Modified License status to inactive, voluntarily returns the Modified License for cancellation, or allows the Modified License to expire or employs a different landscape construction professional that holds a different phase of license. Statutory/Other Authority: ORS 670.310 & ORS 671.670 Statutes/Other Implemented: ORS 671.560 History: LCB 1-2019, adopt filed 01/28/2019, effective 02/01/2019
808-003-0510 Application for arborist phase of license (1) An applicant for an arborist phase of landscape construction professional license must: (a) Apply on forms provided by the agency and must be accompanied by: (A) A non-refundable application fee; (B) Verification of a current certification with the International Society of Arboriculture (ISA) as a Certified Arborist; (C) Documentation of any unpaid court judgment, arbitration award or administrative agency final order entered or issued in any state that requires the applicant to pay damages arising out of the performance of, or a contract for, landscaping work issued on or after January 1, 2008, along with the status of any appeal or exceptions. For purposes of this rule and ORS 671.563, "applicant" means the person applying for the individual landscape construction professional license; (D) Full and complete answers to Licensing and Litigation History and Criminal Background sections; (E) The social security number of the applicant. In lieu of a social security number, a federal individual taxpayer identification number or other federally -issued identification number; (F) Mailing and physical address of the applicant; and (G) Signature of applicant. (b) Pass the Laws, Rules and Business Practice section of the conventional examination and comply with all requirements of OAR 808-003-0700 to OAR 808-003-0850. (c) Comply with the requirements of OAR 808-003-0015(1) and (2). (2) For applicants who are currently licensed as Oregon Construction Contractors pursuant to ORS 701, and who already hold the required ISA certification, will pay the following fees from January 1, 2021 through December 31, 2021: (a) Landscape construction professional application, $50; (b) Exam fees as stated in OAR 808-003-0710; (c) Landscape construction professional initial license, $170; (d) Landscape contracting business application, $50; and (e) Landscape contracting business initial license, $345. (3) Commencing January 1, 2022, and thereafter, the fees as stated in subsection (2) of this rule will be the same as the fees in OAR 808-003-0130. Statutory/Other Authority: ORS 670.310 & ORS 671.670 Statutes/Other Implemented: ORS 671.560 History: LCB 7-2021, amend filed 11/23/2021, effective 12/01/2021 LCB 11-2020, adopt filed 12/02/2020, effective 01/01/2021
808-003-0511 Scope of work for arborist phase of license (1) Scope of work for an arborist license holder. A landscape contracting business with an arborist license phase may advertise for or perform the following work: (a) Planning for or installation of trees. This includes the preparation of the property on which the tree is to be installed as defined in OAR 808-002-0500. (b) Grading and drainage, when performed in conjunction with the work defined in subsection (1) of this rule; (c) Removal of trees, pruning of trees, removal of tree limbs or stumps or to engage in tree or limb guying as provided in ORS 701.005(5)(e) (2) A landscape contracting business with an arborist license phase may only perform landscaping work as defined in subsection (1) of this rule. (3) Landscaping work as an arborist license holder does not include planning, installation, maintenance or repair of: (a) Lawns, shrubs, vines or nursery stock that is not included in the definition of trees in OAR 808-002-0881; (b) Grading, unless done in conjunction with the landscaping work as defined in subsections (1) and (2) of this rule; (c) Landscape drainage systems unless done in conjunction with the landscaping work as defined in subsection (1) of this rule; (d) Ornamental water features; (e) Landscape irrigation and irrigation design; (f) Backflow installation; (g) Low voltage wiring; and (h) Fences, decks, arbors, patios, landscape edging, driveways, walkway, and retaining walls; (4) A landscape contracting business with an arborist license may not include in its advertising maintenance or repair of any of the work set forth in subsection (4)(a) - (h) above. Statutory/Other Authority: ORS 670.310 & ORS 671.670 Statutes/Other Implemented: ORS 671.560 History: LCB 1-2022, amend filed 01/26/2022, effective 02/01/2022 LCB 11-2020, adopt filed 12/02/2020, effective 01/01/2021
808-003-0512 Arborist license requirements (1) Subcontracting. A landscape contracting business with an arborist license phase may subcontract work as stated in OAR 808-003-0040(3)(b)(4) & (5).¶ (2) A landscape contracting business with an arborist license phase must comply with all other license requirements of ORS 671.520 to 671.760 and OAR Chapter 808, including, but not limited to liability insurance, bonding, workers compensation, written contract requirements and address change notification.¶ (3) A landscape construction professional with an arborist license phase must comply with all other license requirements of ORS 671.520 to 671.760 and OAR Chapter 808, including, but not limited to direct supervision of unlicensed employees and continuing education.¶ (4) Change of license category. An arborist landscape construction professional license and landscape contracting business may also include other phases of license, including planting, standard, irrigation and all phase. Prior to the change of license category, the landscape construction professional will be required to meet the qualifications as stated in ORS 671.570 including the experience and exam requirements or submit verification of a current certification with the International Society of Arboriculture (ISA) as a Certified Arborist. An arborist phase of license cannot be added to a modified phase of license. Statutory/Other Authority: ORS 670.310 & ORS 671.670 Statutes/Other Implemented: ORS 671.560 History: LCB 11-2020, adopt filed 12/02/2020, effective 01/01/2021
808-003-0610 Bonds, Generally (1) A properly executed Landscape Contractors Board bond must: (a) Be in the form required by the agency as the Landscape Contractors Board Surety Bond. (b) Be signed by an authorized agent of the surety or by one having power of attorney; must bear a bond number; and must be filed within the time stated on the bond. Additionally, the agency may require the licensee and surety to use the most recent revision of the surety bond form. (2) Bond documents received at the agency office from a surety company or agent via electronic facsimile or as a PDF file transmitted by e-mail or electronically may be accepted as original documents. The surety must provide the original bond document to the agency upon request. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 671.690 History: LCB 9-2015, f. 12-22-15, cert. ef. 1-1-16 LCB 7-2015(Temp), f. 10-16-15, cert. ef. 10-17-15 thru 12-31-15 LCB 4-2010, f. & cert. ef. 6-2-10 Reverted to LCB 7-2009, f. & cert. ef. 10-28-09 LCB 11-2009(Temp), f. & cert. ef. 12-1-09 thru 5-30-10 LCB 7-2009, f. & cert. ef. 10-28-09
808-003-0611 Letters of Credit or Deposits, Generally (1) A properly executed Landscape Contracting Business Assignment of Savings or Deposit must: (a) Be in the form required by the agency as the Landscape Contracting Business Assignment of Savings Account or Deposit. (b) Be signed by an owner or officer of the landscape contracting business; (c) Be signed by an authorized agent of the bank or financial institution or by one having power of attorney and must bear an account number. Additionally, the agency may require the licensee and bank or financial institution to use the most recent revision of the Assignment of Savings Account or Deposit form; and (2) Letters of credit or cash assignment documents received at the agency office from a bank or financial institution via electronic facsimile or as a PDF file transmitted by e-mail or electronically may be accepted as original documents. The bank or financial institution must provide the original documents to the agency upon request. (3) Letters of credit or cash assignment documents must be renewed every year upon renewal of the landscape contracting business license. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 671.690 History: LCB 9-2015, f. 12-22-15, cert. ef. 1-1-16 LCB 7-2009, f. & cert. ef. 10-28-09
808-003-0612 Entity Name Required on Bond, Letter of Credit or Cash Deposit (1) The name of the entity as it appears on the bond, letter of credit or cash deposit 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). (a) If the entity is a sole proprietorship, the bond, letter of credit or cash deposit must include the name of the sole proprietor; (b) If the entity is a partnership, or joint venture, the bond, letter of credit or cash deposit must include the names of all partners (except limited partners); (c) If the entity is a limited liability partnership, the bond, letter of credit or cash deposit must be issued in the name of all partners and the name of the limited liability partnership; (d) If the entity is a limited partnership, the bond, letter of credit or cash deposit must be issued in the name of all general partners and the name of the limited partnership and any other business names(s) used. Limited partners do not need to be listed on the bond, letter of credit or cash deposit; (e) If the entity is a corporation or trust, the bond, letter of credit or cash deposit must be issued showing the corporate or trust name; or (f) If the entity is a limited liability company, the bond, letter of credit or cash deposit must be issued in the name of the limited liability company. (2) The inclusion or exclusion of business name(s) on a bond, letter of credit or cash deposit does not limit the liability of a landscape contracting business. Claims against a licensed landscape contracting business will be processed regardless of business names used by an entity. (3) If the bond, irrevocable letter of credit or deposit is reduced to less than the amount required by ORS 671.690 or OAR 808-003-0113, the landscape contracting business shall immediately file a replacement bond, a replacement irrevocable letter of credit, a rider on the existing bond, an amended irrevocable letter of credit, or increase the deposit permitted by ORS 671.690(3), if applicable, so that the amount on deposit is equal to or greater than the amount required by ORS 671.690 or OAR 808-003-0613. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 671.690 History: LCB 7-2009, f. & cert. ef. 10-28-09
808-003-0613 Bond, Letter of Credit or Cash Deposit Amounts (1) Except as provided in subsection (2) of this rule, a surety bond, letter of credit or cash deposit required under ORS 671.690 must be in the amount of $ 2,000. (2) A surety bond, letter of credit or cash deposit required under ORS 671.571 for a Probationary All Phase Plus Backflow license phase must in the amoutn of not less than $15,000. Statutory/Other Authority: ORS 670.310 & ORS 671.670 Statutes/Other Implemented: ORS 671.690 History: LCB 4-2025, amend filed 09/25/2025, effective 01/01/2026 LCB 9-2015, f. 12-22-15, cert. ef. 1-1-16 LCB 7-2009, f. & cert. ef. 10-28-09
808-003-0614 Effective and Cancellation Dates of the Bond, Letter of Credit or Cash Deposit (1) The bond effective date is the date as stated on the Landscape Contracting Business Surety Bond form. (2) The bond shall remain in effect and be continuous until cancelled by the surety or until the landscape contracting business no longer meets the requirements for licensing as determined by the agency, whichever comes first. (3) A bond may be cancelled by the surety only after the surety has given 30 days' notice to the agency. Cancellation will be effective no less than 30 days after receipt of the cancellation notice. (4) Upon cancellation of the bond, or cancellation without an authorized release by the agency of a letter of credit or cash deposit the agency may immediately suspend the landscape contracting business as provided for in ORS 671.610(2)(a). (5) The letter of credit or cash deposit effective date is the date the landscape contracting business meets all requirements for licensing or renewal. (6) The letter of credit or cash deposit shall remain in effect for one year after the expiration, suspension, termination or approval of inactive status and may only be released by the agency. (7) The bond, letter of credit or cash deposit shall be subject to final orders as described in OAR 808-004-0600. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 671.690, 671.707 & 671.710 History: LCB 7-2009, f. & cert. ef. 10-28-09
808-003-0615 New Bond, Letter of Credit or Cash Deposit Required for Change in Entity (1) 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: (a) Bond separate from the bond held for the previous entity; (b) Letter of credit separate from the letter of credit held for the previous entity; or (c) Cash deposit separate from the previous cash deposit held for the previous entity. (2) Riders to existing bonds issued for changing the type of business entity bonded will only be accepted if a new license is not required per OAR 808-003-0100(3). If a new license is required the landscape contracting business must file a new bond. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 671.690 History: LCB 7-2009, f. & cert. ef. 10-28-09
808-003-0616 Restoration of Bond, Letter of Credit or Cash Deposit after Payment on Claim If a surety company or financial institution pays all or part of a claim against a licensed landscape contracting business, the agency must suspend or refuse to issue or reissue the landscape contracting business license until the landscape contracting business submits to the agency: (1) A properly executed bond, letter of credit or cash deposit in the amount required under ORS 671.690 and OAR 808-003-0613; or (2) A certificate from the landscape contracting businesses surety company or financial institution that the surety company or financial institution remains liable for the full original penal sum of the bond, letter of credit or cash deposit, notwithstanding the payment from the surety bond letter of credit or cash deposit. Statutory/Other Authority: ORS 670.310 & 671.670 Statutes/Other Implemented: ORS 671.690 History: LCB 6-2024, minor correction filed 06/28/2024, effective 06/28/2024 LCB 7-2009, f. & cert. ef. 10-28-09