reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.321 - Activities not considered practice of landscape architecture.

(1) ORS 671.310 to 671.459, 671.992 and 671.995 do not restrict or otherwise affect the right of any person to:
(a) Practice architecture under ORS 671.010 to 671.220;
(b) Practice engineering under ORS 672.002 to 672.325;
(c) Engage in the occupation of growing and marketing nursery stock, or use the title "nurseryman" or "landscape nurseryman";
(d) Operate as a landscape construction professional or landscape contracting business under ORS 671.510 to 671.760 or use the title "landscape construction professional" or "landscape contractor";
(e) Engage in making plans or drawings for the selection, placement or use of plants or other site features unless the plans or drawings are for the purpose of providing construction details and specifications not otherwise exempted;
(f) Use the title "landscape designer" in connection with activities described under paragraph (e) of this subsection;
(g) Make any plans, drawings or specifications for property owned by that person; or
(h) Provide recommendations or written specifications for soil amendments or planting mediums if the recommendations or specifications are solely for purposes of plant installation and do not significantly alter the stability of the soil profile or surface drainage patterns.
(2) The scope of services described in ORS 671.310 (5) and (6) does not preclude a registered landscape architect from:
(a) Planning the development of land areas and elements used on land areas; or
(b) Performing services described in ORS 671.310 (5) and (6) in connection with the settings, approaches or environment for buildings, structures or facilities in accordance with legally established standards for public health, safety and welfare.
(3) ORS 671.310 to 671.459, 671.992 and 671.995 do not apply to:
(a) The preparation of detailed or shop drawings that a construction contractor is required to furnish or the administration of construction contracts by a person customarily engaged in contracting work.
(b) The preparation of technical submissions or the administration of construction contracts by employees of a landscape architect or a landscape architecture business when acting under the direct supervision of a registered landscape architect.
(c) Employees of the federal government acting within the scope of that employment. [2001 c.950 §5; 2007 c.541 §10; 2009 c.483 §6]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.325 - Application for registration; fee.

(1) Any individual desiring to be registered as a landscape architect in this state shall make application to the State Landscape Architect Board 15 days prior to any meeting of the board upon such forms and in such manner as may be provided by the board. In addition to the qualifications required by ORS 671.310 to 671.459, each applicant shall be at least 18 years of age.
(2) Each applicant for a certificate of registration shall pay to the board the fee required under ORS 671.365. [1981 c.536 §3; 1987 c.414 §42a; 1995 c.189 §3; 2003 c.14 §414]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.335 - Examination; qualifications for registration; rules.

(1) Examination of an applicant for a certificate of registration shall be made by the State Landscape Architect Board according to the method deemed by it to be the most practicable to test the applicant’s qualification. Examinations shall be written or oral or both written and oral and shall cover such subjects and be graded on such basis as the board shall determine by rule. The board may adopt the examination and the recommended grading procedures of the Council of Landscape Architectural Registration Boards or the standards and procedures of any other landscape architect association. The board shall prescribe the minimum education and experience requirements for applicants by administrative rule.
(2) A certificate of registration shall be granted to any applicant who after the examination is, in the opinion of the board, properly qualified as determined by rule by the board. A certificate of registration shall be denied to an applicant who, in the opinion of the board, is not properly qualified as determined by the board by rule. [1981 c.536 §4; 1995 c.189 §4]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.338 - Confidentiality of application, examination and investigatory information.

(1) Notwithstanding ORS 192.314:
(a) In addition to any exemption from disclosure provided under ORS 192.345 (4), State Landscape Architect Board examination materials, file records of examination grading and performance, transcripts from educational institutions, letters of inquiry, letters of reference and board inquiry forms concerning applicants or registrants are confidential and may not be disclosed except as provided in paragraph (b) of this subsection or subsection (2) of this section.
(b) Investigatory information developed or obtained by the board is confidential and not subject to disclosure by the board unless a notice is issued for a contested case hearing or the matter investigated is finally resolved by board action or a consent order. The board shall notify the registrant of the investigation. The public may obtain information confirming that an investigation is being conducted and describing the general nature of the matter being investigated.
(2) The board may appoint an advisory committee to conduct an investigation described under subsection (1)(b) of this section on behalf of the board. Investigatory information developed or obtained by an advisory committee is confidential unless a notice is issued for a contested case hearing or the matter investigated is finally resolved by board action or a consent order. The board may discuss in open session matters that are being reviewed by an advisory committee, but may not disclose confidential information into the public record.
(3) Notwithstanding any confidentiality established under subsection (1) or (2) of this section, if the board or an advisory committee meets in executive session to discuss an investigation, the board or committee may permit other public officials and members of the press to attend the executive session. Notwithstanding ORS 192.610 to 192.705, the public officials and members of the press attending the executive session may not disclose information discussed by the board or committee during the session until the information ceases to be confidential under subsection (1) or (2) of this section. [2001 c.950 §6; 2003 c.14 §415]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.345 - Registration based on recognition by other jurisdictions; fee.

(1) The State Landscape Architect Board may register as a landscape architect, without examination, any individual who applies for such registration under ORS 671.325, and:
(a) On the date of making application is a landscape architect licensed or registered under the laws of any other state or territory of the United States, if the requirements for the licensing or registration of landscape architects in the state or territory in which the applicant is licensed or registered on the date of licensing or registration in such state or territory were substantially equal to the requirements for the registration of landscape architects in this state on the date of the application; or
(b) Within the five years immediately preceding application has passed a national examination acceptable to the board.
(2) Each applicant under this section shall pay at the time of filing the application an original registration fee for registration of an out-of-state landscape architect as provided in ORS 671.365. [1981 c.536 §5; 1987 c.414 §42b; 1987 c.460 §1; 1993 c.18 §145; 1995 c.189 §5; 1997 c.643 §14; 2001 c.950 §13]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.365 - Fees; rules.

The State Landscape Architect Board may establish by rule the amounts for fees to be charged and collected under ORS 671.310 to 671.459. The fees shall include, but are not limited to:
(1) An examination fee.
(2) A fee for original registration of out-of-state landscape architect under ORS 671.345.
(3) A fee for issuance of original registration under ORS 671.335.
(4) A fee for issuance of a duplicate certificate of registration.
(5) A fee for renewal of registration under ORS 671.376.
(6) A late renewal fee under ORS 671.376. [1981 c.536 §6a; 1993 c.712 §1; 1995 c.189 §6; 1997 c.643 §15; 2003 c.14 §416]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.376 - Renewal; fee; late fee; failure to renew; rules; inactive status.

(1) Each registrant who desires to continue as a landscape architect or landscape architect in training in this state shall annually pay to the State Landscape Architect Board, on or before the renewal date set by the board by rule, the fee for renewal of registration required under ORS 671.365 (5). Upon payment the board administrator shall issue to the registrant a certificate of renewal of registration for a period of one year.
(2) If a registrant fails to have a certificate renewed on or before the renewal date set by the board by rule, the registrant shall be deemed delinquent. However, the registrant may renew the certificate:
(a) Without a late fee if the registrant pays the renewal fee not later than 30 days after the renewal date; or
(b) With a late fee in the amount prescribed by the board by rule, if the registrant pays the renewal fee and late fee later than 30 days, but not later than 60 days, after the renewal date.
(3) A person who fails to pay the renewal fee and, if applicable, the late fee for a period of 60 days after the renewal date may renew the registration only upon passing examinations required by the board and by paying any required examination fees, renewal fees and late fees.
(4) The board may grant inactive status to any registered landscape architect who gives up the practice of landscape architecture as defined in ORS 671.310 and while in good standing makes a request in writing to the board. The inactive landscape architect may resume practice within five years after approval of the request upon payment of the annual fee for the renewal of registration for the current year, without a late fee. If the inactive landscape architect fails to renew the registration within five years, the registration shall be deemed lapsed. The inactive landscape architect may renew the registration only upon passing examinations required by the board and by paying any required examination fees, renewal fees and late fees. [1995 c.189 §8 (enacted in lieu of 671.375); 2001 c.950 §14; 2005 c.25 §1]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.379 - Stamps.

(1) A registered landscape architect shall obtain a stamp of a design authorized by the State Landscape Architect Board. The stamp must bear the name, registration date and registration certificate number of the landscape architect and the legend "registered landscape architect."
(2) A registered landscape architect shall stamp and sign all final drafts of professional documents that the landscape architect issues for obtaining permits, obtaining approvals by agencies other than the board or fulfilling contractual obligations, including maps, plans, designs, contract documents and reports.
(3) The signature and stamp of a registered landscape architect constitute certification that the document was prepared by the landscape architect or under the supervision and control of the landscape architect. [2001 c.950 §4]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.393 - Code of professional conduct; rules; publication; effect; revision.

The State Landscape Architect Board shall cause to be prepared and shall by rule adopt a code of professional conduct which shall be known in writing to every landscape architect and applicant for registration under ORS 671.310 to 671.459. This code shall be published in the roster of landscape architects. Such publication shall constitute due notice to all registrants. The board may revise and amend this code of conduct from time to time and shall promptly notify each registrant in writing of such revisions or amendments. [1983 c.455 §4; 2003 c.14 §417]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.395 - Continuing education; fee.

(1) The State Landscape Architect Board may establish or approve programs of continuing education that contribute to the competency of landscape architects. The board may charge a fee for programs of continuing education it establishes.
(2) The board may require completion of a program of continuing education established or approved under this section as a condition for the issuance or renewal of registration as a landscape architect under ORS 671.310 to 671.459. [1981 c.536 §9; 2001 c.950 §15; 2003 c.14 §418]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.404 - Grounds for refusal to register or renew or for suspension.

Subject to ORS chapter 183, the State Landscape Architect Board may refuse to register any applicant, may refuse to renew the registration of any registered landscape architect or landscape architect in training, or may suspend for a period not exceeding one year or revoke the registration of any registered landscape architect or landscape architect in training if the board finds that the applicant or registrant is a person who:
(1) Has used dishonesty, fraud or deceit in obtaining or attempting to obtain registration under ORS 671.310 to 671.459, including but not limited to dishonesty, fraud or deceit in applying for registration, applying to sit for an examination or passing an examination.
(2) Is impersonating or has attempted to impersonate a registered landscape architect or a former registered landscape architect, or is practicing under an assumed or fictitious name.
(3) Has used dishonesty, fraud or deceit or has been negligent, in the practice of landscape architecture.
(4) Has affixed the person’s signature to plans, reports or other professional documents that have not been prepared by the person or under the person’s immediate and responsible direction or has permitted the use of the person’s name for the purpose of assisting any individual, not a registered landscape architect, to evade the provisions of ORS 671.310 to 671.459, 671.992 and 671.995.
(5) Has been found to have violated ethical or professional standards by a court or administrative body in another state for committing or omitting acts that, if committed or omitted in this state, would be a violation of ethical or professional standards established pursuant to ORS 671.310 to 671.459. A certified copy of the record of suspension or revocation of the state making the suspension or revocation is conclusive evidence thereof.
(6) Has willfully evaded or attempted to evade a local or state law, ordinance, code or rule, governing the construction of landscapes or other site features. [1981 c.536 §10; 1987 c.460 §3; 1995 c.189 §9; 2001 c.950 §16; 2003 c.14 §419; 2005 c.22 §474]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.408 - Disciplinary actions.

In addition to any civil penalty imposed by the State Landscape Architect Board or any fine or term of imprisonment imposed by a court, except as otherwise provided in ORS 671.404, the board may impose one or more of the following sanctions against a person violating ORS 671.310 to 671.459:
(1) Revocation of a certificate of registration.
(2) Suspension of a certificate of registration for not more than three years.
(3) Restriction of the scope of a registrant’s practice.
(4) Imposition of peer review.
(5) Imposition of specific or additional professional education requirements.
(6) Imposition of probationary registration status and restrictions, including but not limited to requirements designed to protect the public health, safety and welfare and restitution payments to clients or other persons suffering economic loss due to the violation.
(7) Issuance of a written reprimand. [2001 c.950 §9; 2003 c.14 §420]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.412 - Public contract requirements.

(1) The state or a political subdivision may contract for landscape architecture service projects only with registered landscape architects, as defined in ORS 671.310.
(2) Drawings, plans, specifications, estimates and construction observation for public works of the state or a political subdivision that require landscape architecture services must be prepared by, or under the direct supervision of, a landscape architect registered in an appropriate category. [1983 c.455 §7; 1995 c.189 §10; 2001 c.950 §17]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.415 - Rulemaking authority.

The State Landscape Architect Board, subject to ORS chapter 183, may adopt rules necessary for the board to perform its duties under ORS 671.310 to 671.459 and 671.995. [1981 c.536 §11; 1987 c.414 §42d; 2003 c.14 §421]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.425 - Issuance of registration after revocation.

If the State Landscape Architect Board revokes the registration of a registered landscape architect under ORS 671.404, the board may issue registration under ORS 671.310 to 671.459 to the individual whose registration is revoked if the individual:
(1) Files a new application for the registration and passes an examination given by the board; and
(2) Establishes to the satisfaction of the board that all loss caused by the acts for which the registration was revoked has been fully satisfied and that the individual has complied with all conditions imposed by the decision of revocation. [1981 c.536 §12; 1987 c.414 §42e; 2001 c.950 §18; 2003 c.14 §422; 2013 c.1 §86]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.435

[1981 c.536 §13; 1991 c.734 §65; 1997 c.643 §16; 1999 c.1084 §59; 2001 c.950 §19; renumbered 671.950 in 2001]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.442 - Arbitration; effect; costs.

In a dispute arising out of a contractual agreement between a registered landscape architect and a member of the general public of the state, the State Landscape Architect Board or a subcommittee of the board may act as arbiter of the dispute. Upon agreement of all parties to such arbitration, the findings of the board or subcommittee shall be binding on all parties to the dispute. There shall be no costs borne by any party for such arbitration and for the purposes of this section members of the board shall serve without compensation but shall be reimbursed as determined by the board. [1983 c.455 §6; 1997 c.643 §17]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.445 - Investigation of complaints.

The State Landscape Architect Board may, upon motion of the board or upon the verified complaint in writing of any person, investigate any alleged violation of ORS 671.310 to 671.459. As part of the investigation, the board may administer oaths, obtain and receive evidence at board proceedings and compel compliance with board subpoenas, all as provided in ORS 670.315. [1981 c.536 §14; 1987 c.414 §42f; 2001 c.950 §20; 2003 c.14 §423]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.447 - Persons supplying information to board or advisory committee.

A person that reports or supplies information in good faith to the State Landscape Architect Board or to an advisory committee assisting the board is immune from an action for civil damages as a result thereof. The board or committee shall not disclose the name of a person requesting confidentiality unless the testimony of the person is required as part of a board disciplinary proceeding. [2001 c.950 §7]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.459 - State Landscape Architect Board; members; chair; term.

(1) The State Landscape Architect Board shall operate as a semi-independent state agency subject to ORS 182.456 to 182.472 for the purpose of carrying out ORS 671.310 to 671.459, 671.992 and 671.995. The board shall consist of seven members to be appointed by the Governor. Four of the members shall be registered landscape architects, three shall be public members, and all shall be residents of this state. The chair of the board shall be elected by the board from among the current members.
(2) The term of office of each member is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. [1981 c.536 §15; 1987 c.414 §44; 1993 c.744 §238; 1995 c.189 §11; 1997 c.643 §18; 1999 c.1084 §60; 2001 c.950 §21]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.520 - Definitions for ORS 671.510 to 671.760.

As used in ORS 671.510 to 671.760, unless the context requires otherwise:
(1) "Landscape construction professional" means an individual who for compensation or with the intent to be compensated performs or supervises activities requiring the art, ability, experience, knowledge, science and skill to:
(a) Plan or install lawns, shrubs, vines, trees or nursery stock;
(b) Prepare property on which lawns, shrubs, vines, trees or nursery stock is to be installed;
(c) Install, maintain or repair ornamental water features and landscape drainage systems;
(d) Maintain irrigation systems with the use of compressed air and as otherwise provided by the State Landscape Contractors Board by rule;
(e) Install or repair landscape irrigation systems as provided by the board by rule; or
(f) Plan, install, maintain or repair fences, decks, arbors, patios, landscape edging, driveways, walkways or retaining walls.
(2) "Landscape contracting business" means a business that for compensation or with the intent to be compensated arranges, submits a bid, or otherwise offers or contracts, for the performance of activities described in subsection (1) of this section.
(3) "Licensee" means a person that is licensed under ORS 671.510 to 671.760 as a landscape construction professional or landscape contracting business.
(4) "Nursery stock" means nursery stock:
(a) As defined by ORS 571.005 other than stock grown for commercial resale or reforestation; or
(b) As defined by the board by rule.
(5) "Ornamental water features" means fountains, ponds, waterfalls, man-made streams and other decorative water-related constructions as identified by the board by rule. [1971 c.764 §2; 1973 c.832 §26; 1975 c.757 §1; 1981 c.536 §22; 1983 c.452 §1; 1985 c.565 §91; 1987 c.414 §45; 1997 c.785 §1; 1999 c.32 §1; 2001 c.48 §1; 2005 c.609 §10; 2007 c.541 §11; 2009 c.483 §1; 2015 c.672 §6]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.522 - Artificial turf.

(1) As used in this section, "sports field" means one or more areas of a property that total more than 30,000 square feet of artificial turf and are designed to be used primarily for sport or other athletic activities.
(2) Notwithstanding ORS 701.005 and 701.021, except as provided in this section, a landscape contracting business may prepare a site for, install and repair artificial turf at an outdoor location. This section does not authorize a landscape contracting business to prepare a site for, install or repair artificial turf at a sports field. [2015 c.672 §2]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.524 - Landscape irrigation systems.

A landscape construction professional may prepare plans and drawings for a landscape irrigation system, including, but not limited to, plans and drawings that identify the positioning, number, type and model of pumps, piping, valves, sprinklers, nozzles emitters, filters, controllers and other components for the system, if the landscape construction professional:
(1) Holds a license issued by the State Landscape Contractors Board that authorizes the landscape construction professional to install irrigation systems; and
(2) Has any other specialized qualifications required by the board by rule. [2015 c.672 §5]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.525 - Applicant for landscape contracting business license required to be independent contractor; classes of licensees.

(1) An applicant for a landscape contracting business license must qualify as an independent contractor, under ORS 670.600, to be licensed with the State Landscape Contractors Board.
(2) The board shall establish two classes of independent contractor licensees:
(a) The nonexempt class is composed of the following entities:
(A) Sole proprietorships, partnerships, corporations and limited liability companies with one or more employees; and
(B) Partnerships, corporations and limited liability companies with more than two partners, corporate officers or members if any of the partners, officers or members are not part of the same family and related as parents, spouses, siblings, children, grandchildren, sons-in-law or daughters-in-law.
(b) The exempt class is composed of all sole proprietorships, partnerships, corporations and limited liability companies that do not qualify as nonexempt.
(3) All partnerships, corporations and limited liability companies applying for a landscape contracting business license must have a federal tax identification number.
(4) If a licensee who qualifies under subsection (2)(b) of this section hires one or more employees, or falls into any of the categories set out in subsection (2)(a)(B) of this section, the licensee is subject to penalties under ORS 671.997 and must submit proof that the licensee qualifies under subsection (2)(a) of this section.
(5) The decision of the board that a licensee is an independent contractor applies only when the licensee is performing work of the nature described in ORS 671.520 and 671.530. [1991 c.533 §6; 1997 c.337 §2; 2007 c.541 §12]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.527 - Applicant for landscape contracting business license workers’ compensation coverage.

(1) An applicant for a landscape contracting business license that qualifies under ORS 671.525 to be classified as a nonexempt independent contractor must provide workers’ compensation insurance coverage for all employees of the landscape contracting business.
(2) An applicant for a landscape contracting business license that qualifies under ORS 671.525 to be classified as an exempt independent contractor, and that has entered into a contract with a worker leasing company or temporary service provider for the supplying of workers to the landscaping business, must verify that all leasing company or service provider employees supplied for use by the business are covered by workers’ compensation insurance. As used in this subsection, "worker leasing company" and "temporary service provider" have the meanings given those terms under ORS 656.850. [2011 c.283 §2]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.530 - Licensing requirements; use of title; scope of landscape construction professional license.

(1) A person may not operate as a landscape construction professional in this state without a valid landscape construction professional license issued pursuant to ORS 671.560.
(2) A person may not represent in any manner that the person is a landscape construction professional unless the person has a valid landscape construction professional license issued pursuant to ORS 671.560. The prohibition in this subsection includes, but is not limited to:
(a) Using the title of landscape contractor, landscape construction professional, landscape gardener or landscaper or any other title using a form of the word "landscape" that indicates or tends to indicate that the person is a landscape construction professional; and
(b) Using any sign, card or device that indicates or tends to indicate that the person is a landscape construction professional.
(3) A person may not operate as a landscape contracting business in this state unless the person has a valid landscape contracting business license issued pursuant to ORS 671.560.
(4) A person may not advertise or represent in any manner that the person is a landscape contracting business unless the person has a valid landscape contracting business license issued pursuant to ORS 671.560. The prohibition in this subsection includes, but is not limited to:
(a) Using the title of landscape business, landscaping business or landscape contracting business; and
(b) Using any title, sign, card or device that indicates or tends to indicate that the person is a landscape contracting business.
(5) A landscape maintenance business may use a form of the word "landscape" in the title of the business only if the title clearly indicates the maintenance nature of the business. For purposes of this subsection, the term "landscape gardening" does not indicate the maintenance nature of a landscape maintenance business.
(6) A landscape construction professional may perform landscaping work only while in the employ of a landscape contracting business licensed and bonded as required by ORS 671.510 to 671.760. If the landscape construction professional is the sole proprietor, the landscape construction professional must also obtain a license as a landscape contracting business. [1971 c.764 §3; 1973 c.832 §27; 1975 c.757 §2; 1979 c.840 §1a; 1983 c.452 §2; 1989 c.944 §1; 2003 c.659 §1; 2007 c.541 §13]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.543 - Subcontracting.

Notwithstanding ORS 701.005 or 701.021, a landscape contracting business that arranges for, undertakes or submits a bid to undertake a project that the business is authorized to perform under ORS 671.510 to 671.760 may subcontract with a general or specialty contractor licensed under ORS chapter 701 for the contractor to perform work within the scope of the contractor’s license endorsement on the project. [2015 c.672 §4]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.550 - Authority of board to investigate; confidentiality of information.

(1) The State Landscape Contractors Board may inquire into and inspect:
(a) Any services performed or materials furnished by a licensee under ORS 671.510 to 671.760.
(b) The financial records of a person who it reasonably believes is operating in violation of ORS 671.530.
(c) The services performed or materials furnished by a person who it reasonably believes is operating in violation of ORS 671.530.
(2) Except when used for legal action or to determine a claim described in ORS 671.695, the information obtained by an inspection authorized by this section is confidential. However, the board shall furnish copies of any inspection to the licensee or other person that is subjected to an inspection. [1971 c.764 §5; 1979 c.840 §3; 1983 c.452 §4; 2001 c.198 §1; 2007 c.149 §3]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.557 - Injunctive relief.

In addition to any other remedy available, if the State Landscape Contractors Board believes that a person has engaged in, is engaging in or is about to engage in any act, practice or transaction that violates ORS 671.510 to 671.760, the board may direct the Attorney General to apply to the court for an injunction to restrain the person from engaging in the act, practice or transaction. [2005 c.609 §5]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.560 - Issuance of license; application form; limited or specialty license; rules; exemption.

(1) Except as provided in ORS 671.571 and 671.590, the State Landscape Contractors Board shall issue a landscape construction professional license to an applicant who satisfies the requirements of ORS 671.570.
(2) The board shall issue a landscape contracting business license to an applicant who satisfies the requirements of the board.
(3) An applicant for a license under this section shall apply to the board upon a form furnished by the board and give such information as the board considers necessary.
(4)(a) The board may issue a limited or specialty license if the applicant is required to have a landscape construction professional license or landscape contracting business license but is not qualified or required to be licensed for all phases of landscape work.
(b) The board may not issue to a person holding an endorsement as a residential or commercial general contractor under ORS chapter 701 a limited or specialty license that:
(A) Requires the holder of the limited or specialty landscape construction professional license to be the owner of a licensed landscape contracting business;
(B) Limits the permissible amount to be charged by the landscape contracting business for landscape work to, within any 12-month period, an amount set by the board not to exceed $10,000 per customer; and
(C) Has reduced qualification or testing requirements.
(c) The board may adopt rules to limit or restrict the landscape work performed by probationary landscape construction professionals.
(5) A landscape contracting business that qualifies for the exemption described in ORS 571.045 shall indicate on its license application or license renewal application under this section the reasons the business qualifies for the exemption. [1971 c.764 §6; 1975 c.757 §4; 1983 c.452 §5; 1999 c.535 §4; 2007 c.111 §3; 2007 c.541 §16a; 2019 c.682 §1]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.562 - Landscape contracting business workers’ compensation coverage.

(1) A landscape contracting business that qualifies under ORS 671.525 to be classified as a nonexempt independent contractor must maintain workers’ compensation insurance coverage in effect for all employees of the landscape contracting business.
(2) A landscape contracting business licensee that qualifies under ORS 671.525 to be classified as an exempt independent contractor, and that has entered into a contract with a worker leasing company or temporary service provider for the supplying of workers to the landscaping business, must verify that workers’ compensation insurance coverage is maintained in effect for all leasing company or service provider employees supplied for use by the business. As used in this subsection, "worker leasing company" and "temporary service provider" have the meanings given those terms under ORS 656.850. [2011 c.283 §3]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.563 - Applicant notice of unpaid judgments, awards and orders; rules.

An applicant for the issuance or renewal of a landscape construction professional license or landscape contracting business license shall include in the application to the State Landscape Contractors Board notice of any unpaid court judgment, arbitration award or administrative agency final order entered or issued in any jurisdiction that requires the applicant to pay damages arising out of the performance of, or a contract for, landscaping work. The board may adopt rules that require an applicant to provide additional information regarding a judgment, arbitration award or agency final order described in this section and the status of any appeal or exceptions. [2007 c.151 §2; 2007 c.541 §28a]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.565 - Landscape contracting business license application process and information requirements.

(1) Each person applying for a landscape contracting business license must:
(a) Pay to the State Landscape Contractors Board the applicable landscape contracting business license fee established by the board under ORS 671.650.
(b) Have a landscape construction professional license or employ at least one person with a landscape construction professional license to supervise the landscaping operation of the business.
(c) Submit the names of all employees who are licensed landscape construction professionals.
(d) File with the board a form of security acceptable under ORS 671.690.
(e) File with the board a certificate of public liability, personal injury and property damage insurance covering the work of the landscape contracting business that is subject to ORS 671.510 to 671.760 for an amount not less than $500,000.
(f) Indicate, as set forth in ORS 670.600, the basis under which the applicant qualifies as an independent contractor and the class of independent contractor described in ORS 671.525 for which the applicant qualifies.
(2)(a) If an applicant for licensing under this section qualifies to be classified as a nonexempt independent contractor, the applicant shall provide the employer identification number of the applicant and evidence satisfactory to the board that the applicant provides workers’ compensation insurance coverage for all employees of the landscape contracting business.
(b) If an applicant for licensing under this section qualifies to be classified as an exempt independent contractor and has entered into a contract with a worker leasing company or temporary service provider for the supplying of workers to the landscape contracting business, the applicant shall provide evidence satisfactory to the board that the applicant has verified the maintenance of workers’ compensation insurance coverage for all leasing company or service provider employees supplied for use by the business. As used in this paragraph, "worker leasing company" and "temporary service provider" have the meanings given those terms in ORS 656.850.
(3) At the time of application for a license, for renewal of a license in active status or for return of a license to active status, the applicant shall provide evidence satisfactory to the board that the public liability, personal injury and property damage insurance required by this section and any workers’ compensation required of the applicant under ORS 671.527 or 671.562 is in effect. During a license period, the licensee shall provide, to the extent required by the board, satisfactory evidence of continued public liability, personal injury and property damage insurance coverage and, if required under ORS 671.562, workers’ compensation insurance coverage. [1983 c.452 §8; 1991 c.533 §1; 2005 c.609 §12; 2007 c.399 §3; 2007 c.541 §17a; 2011 c.283 §4; 2015 c.672 §8]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.568 - Inactive status for landscape contracting business license.

(1) If a licensed landscape contracting business is not operating as a landscape contracting business, the State Landscape Contractors Board may, upon request, place the license of the landscape contracting business in inactive status.
(2) A landscape contracting business in inactive status remains subject to board jurisdiction and is required to comply with the requirements for a landscape contracting business other than the security requirement under ORS 671.690 and the insurance requirements under ORS 671.565.
(3) A landscape contracting business that is in inactive status may not:
(a) Perform work as a landscape contracting business;
(b) Offer or provide for the performance of landscaping work as a landscape contracting business; or
(c) Obtain a building permit for work involving landscaping work by the landscape contracting business.
(4) A landscape contracting business license may not be placed or maintained in inactive status more than once during a licensing period. [2005 c.609 §2; 2007 c.541 §18]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.570 - Qualifications for landscape construction professional license; fee; rules.

(1) Each person applying for a landscape construction professional license must:
(a) Pay a nonrefundable application fee.
(b) Pay an examination fee.
(c) Pay to the State Landscape Contractors Board the landscape construction professional license fee required by ORS 671.650.
(d) Pass an examination, which the board shall offer at least once each six months, to determine the fitness of the applicant for licensing and within 10 years before the day the application for a license is made:
(A) Have at least 24 months of employment with a landscape contracting business; or
(B) Have at least 12 months of employment with a landscape contracting business and one full year of training in an area related to landscaping at an accredited school or college.
(e) Be employed by, or own, a landscape contracting business if performing landscaping work.
(2) Notwithstanding subsection (1) of this section, the board may adopt rules allowing a person who does not meet the education and experience requirements in subsection (1)(d) of this section to substitute other education and experience that demonstrate the fitness of the person for licensing as a landscape construction professional.
(3) Notwithstanding ORS 192.173, upon request of the applicant, the board shall make an examination that the board offers under subsection (1)(d) of this section available in a format in which instructions and questions stated in the English language are immediately followed by a Spanish language translation of those instructions and questions. [1971 c.764 §7; 1973 c.832 §29; 1975 c.757 §5; 1979 c.840 §4; 1983 c.452 §6; 1985 c.565 §92; 1987 c.414 §45a; 1997 c.327 §1; 2001 c.409 §5; 2007 c.111 §4; 2007 c.399 §6; 2007 c.541 §19b; 2015 c.652 §4; 2015 c.672 §9]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.571 - Probationary license.

(1) Notwithstanding ORS 671.570, the State Landscape Contractors Board may issue a probationary landscape construction professional license to a person who does not meet the training and experience qualifications set forth in ORS 671.570. To obtain a probationary landscape construction professional license, the person must:
(a) Pay a nonrefundable application fee;
(b) Pay an examination fee;
(c) Pay to the board the landscape construction professional license fee required by ORS 671.650; and
(d) Pass all sections of the examination described in ORS 671.570 within 12 months after first taking the examination.
(2) Two or more years after receiving a probationary landscape construction professional license, a probationary landscape construction professional may obtain removal from probationary status and issuance of a landscape construction professional license if the probationary landscape construction professional presents the board with proof that the probationary landscape construction professional has done any of the following:
(a) Completed at least 24 months of employment with a licensed landscape contracting business under the direct supervision of a landscape construction professional.
(b) Provided supervision described in ORS 671.540 (1)(q) or 671.565 (1)(b) for at least 24 months as the owner or employee of a licensed landscape contracting business that, during that period:
(A) Filed and maintained with the board a bond, letter of credit or deposit in the amount of $15,000; and
(B) Performed landscaping work only on landscaping projects where the amount charged by the landscape contracting business for work on the project during any 12-month period did not exceed $15,000.
(c) Actively operated for at least 24 months as a construction contractor licensed under ORS chapter 701.
(3) Except as provided in this section and ORS 671.560 and as the board may provide by rule, a probationary landscape construction professional licensed under this section is for all purposes a landscape construction professional licensed under ORS 671.560. [2007 c.111 §2; 2007 c.399 §5; 2007 c.541 §19d; 2009 c.483 §4]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.572 - Alternative licensing standards for person licensed as construction contractor.

Notwithstanding the provisions of ORS 671.570 regarding experience and employment status, the State Landscape Contractors Board may adopt alternative standards for licensure with the board for a person who is already licensed as a contractor under ORS chapter 701. [1997 c.785 §5; 1999 c.402 §11]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.574 - Inactive status for landscape construction professional license.

(1) If a landscape construction professional is not operating as a landscape construction professional, the State Landscape Contractors Board may, upon request, place the license of the landscape construction professional in inactive status.
(2) A landscape construction professional in inactive status remains subject to board jurisdiction, licensing requirements and fees.
(3) A landscape construction professional that is in inactive status may not perform or supervise work as a landscape construction professional.
(4) A landscape construction professional license may not be placed or maintained in inactive status more than once during a licensing period. [2005 c.609 §3; 2007 c.541 §20]