reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.575 - License required to obtain judicial or administrative remedy; exception.

(1) A landscape contracting business may not file a lien, file a claim with the State Landscape Contractors Board or bring or maintain in any court of this state a suit or action for compensation for the performance of any work or for the breach of any contract for work that is subject to ORS 671.510 to 671.760 and 671.997, unless the landscape contracting business was:
(a) Licensed under ORS 671.510 to 671.760 at the time the landscape contracting business bid or entered into the contract for performance of the work; and
(b) Licensed continuously while performing the work for which compensation is sought.
(2) If the court determines that the landscape contracting business was not aware of the requirement that the business be licensed, a court may choose not to apply subsection (1) of this section if the court finds that to do so would result in a substantial injustice to the unlicensed landscape contracting business.
(3) If a landscape contracting business falsely swears to information provided under ORS 671.560 or 671.565 or knowingly violates the provisions of ORS 656.029, 670.600, 671.560 or 671.565, the landscape contracting business may not file a lien, file a claim with the State Landscape Contractors Board or bring or maintain in any court of this state a suit or action for compensation for the performance of any work or for the breach of any contract for work that is subject to ORS 671.510 to 671.760 and 671.997. [1991 c.533 §7; 2007 c.541 §21]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.578 - Suit for damages for misrepresentation; attorney fees.

If any person suffered costs or damages as a result of an individual providing a false or invalid State Landscape Contractors Board number or otherwise misleading a person with respect to licensing with the board, that person may bring suit in a court of competent jurisdiction to recover damages. The court may award reasonable attorney fees to the prevailing party in an action under this section. [1991 c.533 §8; 1995 c.618 §119]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.580 - Landscape construction professional license not transferable.

A landscape construction professional license issued pursuant to ORS 671.560 is a personal privilege and is not transferable. [1971 c.764 §8; 1983 c.452 §9; 2007 c.541 §22]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.590 - Reciprocal landscape construction professional licensing.

The State Landscape Contractors Board may license without examination any person who is a landscape construction professional licensed, certified or registered under the laws of another state, territory of the United States, the District of Columbia or another country where the requirements on the date the applicant was licensed, certified or registered were substantially equal to the requirements for licensing of landscape construction professionals in this state on the date of application by the person. [1971 c.764 §9; 1973 c.832 §30; 1975 c.757 §6; 1979 c.840 §5; 1983 c.452 §10; 2007 c.541 §23]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.595 - Coursework and examination requirements for noncontractor owners and managing employees; notice of duty changes; rules.

(1) As used in this section:
(a) "Managing employee" means a person who, at the time of an application for the issuance or renewal of a landscape contracting business license:
(A) Is employed in landscaping work only by the applicant; and
(B) Manages or shares in the management of the applicant, as defined by the State Landscape Contractors Board by rule.
(b) "Owner" means a person who at the time of an application for the issuance or renewal of a landscape contracting business license:
(A) Has an ownership interest in the applicant; and
(B) Manages or shares in the management of the applicant, as defined by the board by rule.
(2) If an applicant for a landscape contracting business license does not have at least one owner or managing employee who is licensed as a landscape construction professional under ORS 671.560, the applicant shall provide the board with proof that an owner or managing employee has completed required courses described in subsection (4) of this section and passed an examination on the subject of those courses.
(3) The board may adopt rules to require a landscape contracting business and any owner or managing employee to provide the board with notice of any change in the employment or duties of the owner or managing employee.
(4) The board shall adopt rules establishing required courses for an owner or managing employee who seeks to qualify the business for a landscape contracting business license, but who is not licensed as a landscape construction professional. The courses required by the board shall be designed to educate the owner or managing employee regarding business practices and Oregon laws affecting landscape contracting businesses. The board may not require an owner or managing employee to take a total of more than 16 hours of instruction.
(5) When adopting rules to carry out subsection (4) of this section, the board shall consider the availability of courses in the regions of this state. The board shall encourage course providers to use the most up-to-date technology to make courses widely available.
(6) A course provider may submit information regarding course materials, examinations and instructor qualifications to the board for approval. The board shall approve courses if the course materials, examinations and instructors meet board requirements. The board shall periodically review approved courses to ensure continuing compliance with board requirements. The board shall develop and make available a list of providers that offer courses that will enable an owner or managing employee to comply with the requirements of subsection (2) of this section. [2007 c.249 §2; 2009 c.11 §84]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.600 - New landscape contracting business license required upon change of ownership; notification of change of address.

(1) A new landscape contracting business license shall be required whenever there is a change in ownership, irrespective of whether the business name is changed. As used in this subsection, "change in ownership" does not include a change in the holders of corporate stock.
(2) If a licensee moves to another location, relicensing is not required but the licensee must notify the State Landscape Contractors Board promptly of the new address. [1971 c.764 §10; 1973 c.832 §31; 1987 c.461 §1; 2007 c.541 §24]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.603 - Persons required to give notification of change of address; communications delivered to last-known address.

(1) A landscape construction professional or person operating as a landscape contracting business shall notify the State Landscape Contractors Board of a change of address for the professional or business that occurs while the professional or business is licensed by the board or within one year after a license expires. The landscape construction professional or landscape contracting business shall ensure that the board receives notice of the change of address no later than the 30th day after the change of address occurs.
(2) Initial notice of a contested case or arbitration directed by the board to the last-known address of record for a landscape construction professional or landscape contracting business is considered delivered to the professional or business when deposited in the United States mail and sent registered, certified or post office receipt secured. Any other communication directed by the board to the last-known address of record for a landscape construction professional or landscape contracting business is considered delivered to the professional or business when deposited in the United States mail, regular mail. [2001 c.409 §14; 2005 c.609 §13; 2007 c.541 §25; 2015 c.672 §10]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.605 - Effect of change in partners or corporate owners; fee.

A partnership or corporation licensed as a landscape contracting business shall notify the State Landscape Contractors Board immediately upon any change in partners or corporate owners or in the percentage of an ownership interest in the landscape contracting business. Upon a change in partners, a licensed partnership immediately shall apply for a new license and pay to the board the fee required by ORS 671.650 for an original license. [1983 c.452 §11; 2007 c.541 §26]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.607 - License refusal or suspension for landscape contracting business debt; rules.

(1) As used in this section:
(a) "Landscape contracting business debt" means an amount owed under:
(A) A final order or arbitration award issued under ORS 671.703; or
(B) A judgment or civil penalty arising from landscape contracting business activities in any state.
(b) "Landscape contracting business license" means a license issued within the United States to engage in a landscape contracting business.
(c) "Officer" means any of the following persons:
(A) A president, vice president, secretary, treasurer or director of a corporation.
(B) A general partner in a limited partnership.
(C) A manager in a manager-managed limited liability company.
(D) A member of a member-managed limited liability company.
(E) A trustee.
(F) A person qualifying as an officer under board rules. The definition of officer adopted by board rule may include persons not listed in this paragraph who may exercise substantial control over a business.
(d) "Owner" means a sole proprietor of, general partner in or holder of a controlling interest in a business, or a person defined as an owner by board rule.
(2) The board shall adopt rules defining an owner for purposes of subsection (1) of this section. The rules may not define an owner in a manner that includes an investor who has no right to manage a business, including but not limited to:
(a) A person who is solely a minority shareholder in a corporation;
(b) A member of a manager-managed limited liability company; or
(c) A limited partner in a limited partnership who does not participate in the control of the business of the limited partnership.
(3) The board may suspend or refuse to issue a landscape contracting business license if:
(a) The business owes a landscape contracting business debt or has had a landscape contracting business license revoked;
(b) An owner or officer of the landscape contracting business owes a landscape contracting business debt or has had a landscape contracting business license revoked; or
(c) An owner or officer of the landscape contracting business was an owner or officer of another business at the time the other business incurred a landscape contracting business debt that is owing or at the time of an event that resulted in the revocation of the other business’s landscape contracting business license.
(4) The board may hold the suspension or refusal of a license under subsection (3) of this section in abeyance if the person owing a landscape contracting business debt is adhering to a board-approved plan for restitution of the amount owed. [2005 c.609 §7; 2007 c.149 §4; 2007 c.541 §27]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.613 - Sanction for failure to comply with certain laws; civil penalty.

(1) The failure of a landscape contracting business to comply with the provisions of this section and ORS 279C.800 to 279C.870, 656.021, 657.665, 670.600, 671.525, 671.530 and 671.575 or to be in conformance with the provisions of ORS 279.835 to 279.855 or ORS chapter 279A, 279B, 279C, 316, 571, 656 or 657 is a basis for suspension of the landscape contracting business license, revocation of the landscape contracting business license, refusal to issue or reissue a landscape contracting business license, assessment of a civil penalty as set forth in ORS 671.997 or a combination of these sanctions.
(2) Any action against a landscape contracting business under this section shall be conducted in conformance with the provisions of ORS 183.413 to 183.497. [1991 c.533 §9; 1999 c.535 §5; 2001 c.108 §2; 2003 c.794 §315; 2007 c.541 §29]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.614 - Placement on probation; conditions; failure to fulfill conditions.

(1) The State Landscape Contractors Board may issue an order placing a landscape contracting business, or any landscape construction professional that is employed by the landscape contracting business or is a landscape contracting business owner or officer as defined in ORS 671.607, on probation if three or more claims are filed against the landscape contracting business’s bond, letter of credit or deposit within a 12-month period.
(2) The board may place a landscape contracting business or landscape construction professional on probation under this section only if the board determines after investigation of the complaints that a significant likelihood exists that continued activity by the landscape contracting business or landscape construction professional without board supervision will result in additional claims against the landscape contracting business.
(3) The board may require as a condition of probation imposed under this section that the landscape construction professional take a board-approved education course in one or more subjects relating to landscape operations.
(4) The board may require as a condition of probation imposed under this section that the owner or officer of the landscape contracting business take a board-approved education course in one or more subjects relating to landscape contracting business or general business practices.
(5) The board may take action to suspend, revoke or refuse to renew the license of the landscape contracting business or landscape construction professional if the business or professional fails to fulfill the conditions of the probation. [2005 c.609 §4; 2007 c.541 §30; 2009 c.11 §88]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.615 - Installation of backflow assemblies; qualification rules.

The State Landscape Contractors Board may license a landscape construction professional to install backflow assemblies for irrigation systems and ornamental water features. The board, by rule, shall establish qualifications for issuance of a license under this section. A landscape construction professional may install a backflow assembly only if the landscape construction professional is licensed under this section and is the owner of, or employed by, a licensed landscape contracting business. A landscape construction professional installing a backflow assembly may tap into the potable water supply only at a point after the connection between the water system and the customer, as that connection is defined in ORS 448.115. [1987 c.561 §2; 1989 c.944 §3; 1995 c.645 §2; 2001 c.181 §2; 2005 c.609 §15; 2007 c.541 §31]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.617 - Examination for backflow assembly installer license.

(1) The State Landscape Contractors Board shall consult with the State Plumbing Board in developing any written and practical examinations for backflow assembly installer licenses.
(2) Notwithstanding ORS 192.173, upon request of the applicant, the State Landscape Contractors Board shall make any written examination that the board offers for backflow assembly installer licensing 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. [1989 c.944 §4; 2005 c.609 §16; 2015 c.652 §5]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.625 - Minimum standards for contracts and billings; rules; compliance; effect of noncompliance.

(1) The State Landscape Contractors Board shall by rule adopt minimum standards for written contracts and billings of the landscape contracting businesses. The standards shall set forth requirements for information that must be contained in contracts and billings. The information required shall be any information the board determines is necessary to provide protection for consumers of the services and materials provided by landscape contracting businesses.
(2) Work by a landscape contracting business subject to ORS 671.510 to 671.760 for which the business charges $2,000 or more for a landscape job, as defined in board rule, shall only be performed subject to a written contract. Any contract or billing for such work must conform to the standards adopted under subsection (1) of this section.
(3) A contract that does not substantially comply with this section may not be enforced by a landscape contracting business in any court or other proceedings within this state. [1979 c.840 §13; 1983 c.452 §12; 2007 c.541 §32; 2015 c.672 §11]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.627 - Rescission of contract with landscape contracting business; deadline; written notices between parties; prohibitions; rules.

(1)(a) A person that executes a written contract with a landscape contracting business for work on real property that the person owns or leases may, within three business days after the date of execution, rescind the contract as provided in paragraph (b) of this subsection.
(b) A person that intends to rescind a contract described in paragraph (a) of this subsection shall deliver to the landscape contracting business a written notice that clearly states the person’s intent to rescind the contract. For purposes of this paragraph, a written notice includes notice by means of facsimile, electronic mail or other electronic notice in written form.
(2) A person may not rescind a contract as provided in subsection (1) of this section if:
(a) The person agrees in writing that the landscape contracting business may begin work under the contract before the three-day period set forth in subsection (1) of this section expires; or
(b) The person agrees to an amendment of the terms or conditions of the contract after the three-day period set forth in subsection (1) of this section expires.
(3)(a) At the same time a landscape contracting business executes a contract described in subsection (1) of this section, the landscape contracting business shall provide written notice of the right of rescission under this section to the person with whom the landscape contracting business enters into the contract.
(b) The State Landscape Contractors Board by rule may specify the form and content of the notice described in paragraph (a) of this subsection. [2023 c.304 §2]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.630 - State Landscape Contractors Board; members.

The State Landscape Contractors Board shall operate as a semi-independent state agency subject to ORS 182.456 to 182.472 for purposes of carrying out the provisions of ORS 671.510 to 671.760, 671.990 (2) and 671.997. The board shall consist of seven members appointed by the Governor. The Governor shall make appointments to the board from all segments of the landscape contracting industry. At least two board members must be public members. [1971 c.764 §14; 1973 c.832 §32; 1975 c.757 §7; 1981 c.536 §24; 1987 c.414 §46; 1993 c.744 §192; 2001 c.409 §6]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.650 - License fees.

(1) The State Landscape Contractors Board shall establish fees, including but not limited to annual landscape construction professional license fees and annual landscape contracting business license fees.
(2) The license fee for an out-of-state landscape contracting business operating in Oregon must be the same as for an Oregon landscape contracting business. [1971 c.764 §17; 1973 c.832 §34; 1981 c.536 §25; 1983 c.452 §13; 1989 c.450 §1; 1997 c.327 §2; 2001 c.409 §7; 2007 c.541 §33]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.655 - Deposit of moneys.

Except as the State Landscape Contractors Board may otherwise provide under ORS 182.462 (1)(e), the board shall deposit moneys received as fees or civil penalties into the account created by the board pursuant to ORS 182.470. [2005 c.609 §6; 2011 c.110 §5]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.660 - Renewal of licenses; effect of lapse; penalty fees.

(1) The fee for renewal of a license issued under ORS 671.510 to 671.760 shall be paid annually on or before the last day of the month of the anniversary of issuance.
(2) The State Landscape Contractors Board may not issue a new license to a person who has been previously licensed under ORS 671.510 to 671.760 and whose license has expired, unless the person makes written application on a form approved by the board and pays the required annual fee. The board may require the person to also pay a penalty fee.
(3) If a license lapses for two years or more, the person must reapply as for initial issuance of the license.
(4) When a landscape contracting business renews its license, the business must submit the names of all employees who are licensed landscape construction professionals.
(5) When a person renews a landscape construction professional license, the person must:
(a) Submit the name of the employer if the person is currently performing landscaping work; and
(b) Demonstrate that the person has complied with the continuing education requirement adopted by the board. [1971 c.764 §18; 1973 c.832 §35; 1977 c.873 §5; 1983 c.452 §14; 2001 c.409 §8; 2007 c.550 §§3,6]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.670 - Rulemaking authority.

In accordance with any applicable provision of ORS chapter 183, the State Landscape Contractors Board may adopt rules the board considers reasonable for the administration and enforcement of ORS 671.510 to 671.760 and 671.997. [1971 c.764 §19; 1981 c.536 §26; 2005 c.609 §17]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.676 - Continuing education; rules.

(1) The State Landscape Contractors Board shall adopt rules establishing continuing education requirements for landscape construction professionals. A continuing education requirement adopted by the board must equal or exceed:
(a) Sixteen hours of continuing education during a two-year period for a landscape construction professional who has six years or less of experience as an active licensee on the beginning date of the period; or
(b) Eight hours of continuing education during a two-year period for a landscape construction professional who has more than six years of experience as an active licensee on the beginning date of the period.
(2) The board may approve programs for purposes of continuing education for landscape construction professionals and determine the number of hours to be credited to the programs. The board shall ensure that continuing education opportunities for landscape construction professionals are readily available.
(3) Programs approved by the board for continuing education purposes must be designed to directly contribute to the professional competency of landscape construction professionals. Approved programs may include, but need not be limited to:
(a) Professional development programs and technical meetings of professional associations for landscape contracting businesses or for related industries such as pesticide application or irrigation auditing;
(b) University or college courses related to landscaping or horticulture;
(c) Professional staff training programs by associations of landscape construction professionals; and
(d) Online or other forms of educational programs.
(4) The board may adopt rules establishing grounds for obtaining a waiver of the continuing education requirements for landscape construction professionals. The board may not allow a waiver for consecutive two-year periods except for a waiver due to military service, retirement, disability, absence from the state, inactive status or extreme hardship. [2007 c.550 §2; 2007 c.550 §5; 2015 c.672 §12]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.681 - Advisory and technical committees.

(1) To aid and advise the State Landscape Contractors Board in the performance of the functions of the board, the board administrator may establish such advisory and technical committees as the administrator considers necessary. These committees may be continuing or temporary. The administrator shall determine the representation, membership, terms and organization of the committees and shall appoint their members. The administrator is an ex officio member of each committee.
(2) Members of the committees are not entitled to compensation, but the board may fix and pay to the committee members from the funds available to the board per diem and actual and necessary travel and other expenses incurred by the committee members in the performance of their official duties. [2007 c.399 §1]
Note:
671.681 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 671 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.695 - Types of claims.

A claim against a licensed landscape contracting business is payable from the bond, letter of credit or deposit required of the landscape contracting business under ORS 671.690 only if the claim arises from the performance, or a contract for the performance, of work that is subject to ORS 671.510 to 671.760. The claim must be of one or more of the following types:
(1) A claim against the landscape contracting business by the property owner or the owner’s agent for any of the following:
(a) Negligent work.
(b) Improper work.
(c) Breach of an oral or written contract.
(2) A claim against the landscape contracting business by the property owner or the owner’s agent to discharge, or to recoup funds expended in discharging, a lien established under ORS 87.010 to 87.060 or 87.075 to 87.093. The State Landscape Contractors Board may reduce a claim described in this subsection by any amount the claimant owes the landscape contracting business. The board shall process claims described in this subsection only if:
(a) The owner paid the landscape contracting business for work subject to ORS 671.510 to 671.760; and
(b) A lien established against the property of the owner under ORS 87.010 to 87.060 or 87.075 to 87.093 is filed because the landscape contracting business failed to pay the person claiming the lien for that person’s contribution toward completion of the improvement.
(3) A claim against a licensed subcontractor by a licensed landscape contracting business or by a construction contractor licensed under ORS chapter 701, for any of the following:
(a) Negligent work.
(b) Improper work.
(c) Breach of an oral or written contract.
(4) A claim by a person furnishing labor to a landscape contracting business.
(5) A claim, as limited by rule of the board, by a person furnishing material or renting or supplying equipment to the landscape contracting business. The minimum limit set by the board may not be more than $150.
(6) A claim by a subcontractor against the landscape contracting business for unpaid labor or materials arising out of a contract. [2007 c.149 §2; 2007 c.541 §37b; 2015 c.672 §14]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.700 - Notice of claim; timeliness; board authority over dispute.

(1) If a claim is filed with the State Landscape Contractors Board against a licensed landscape contracting business for payment from the bond, letter of credit or deposit required of the business under ORS 671.690, the board may resolve the dispute involving the landscape contracting business.
(2) A person having a claim against a landscape contracting business shall give the board notice of the claim in writing 90 days before any action on the bond, letter of credit or deposit is commenced.
(3) The board may not accept a claim against a landscape contracting business for processing if the claim is not filed with the board within one year after the business substantially completed work. The board may not issue an order for the payment of a court judgment or arbitration award from the bond, letter of credit or deposit of a landscape contracting business unless the person has timely filed with the board a claim against the business regarding the same matter that resulted in the judgment or award. [1973 c.832 §29c; 1983 c.452 §16; 1987 c.461 §3; 2007 c.149 §6; 2007 c.541 §36a]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.701 - Claims against business holding dual licensing.

(1) A person may file complaints against a licensed landscape contracting business with both the Construction Contractors Board and the State Landscape Contractors Board regarding the same work if:
(a) The landscape contracting business holds a license as a construction contractor issued under ORS chapter 701; and
(b) The complaint to the Construction Contractors Board qualifies for filing under ORS chapter 701 and the complaint to the State Landscape Contractors Board qualifies for filing under ORS 671.510 to 671.760.
(2) Subsection (1) of this section does not expand the authority of the Construction Contractors Board or State Landscape Contractors Board to resolve a complaint or pay a claim. A determination by either board regarding a complaint or claim is not binding on the other board. The total amount paid to a person described in subsection (1) of this section by the boards may not exceed the damages sustained by the person. The State Landscape Contractors Board may require a person who files a complaint against a landscape contracting business to inform the board of any complaint the person files with the Construction Contractors Board against the business. [2015 c.672 §3]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.707 - Actions following final order of board.

(1) If a final order of the State Landscape Contractors Board is not paid by the landscape contracting business, the board shall notify the surety on the business’s bond.
(2) An order of the board that determines a claim under ORS 671.703 that becomes final by operation of law or on appeal and remains unpaid for 20 days after the order becomes final is an order in favor of the claimant against the landscape contracting business and may be recorded with the county clerk in any county of this state.
(3) Upon receipt, the clerk shall record the order in the County Clerk Lien Record. In addition to any other remedy provided by law, recording an order in the County Clerk Lien Record pursuant to this section has the effect provided for in ORS 205.125 and 205.126, and the order may be enforced as provided in ORS 205.125 and 205.126. [1979 c.840 §10; 1999 c.153 §1; 2007 c.149 §8; 2007 c.541 §38a]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.710 - Priority on satisfaction of claims.

(1) Determinations by the State Landscape Contractors Board or judgments against the surety bond, letter of credit or deposit of a landscape contracting business for claims filed during a 90-day period shall be satisfied in the priority listed in subsections (2) to (4) of this section. The payment of a claim filed during a 90-day period has priority over any claim filed during a subsequent 90-day period. A 90-day period begins on the date the first claim is filed with the board. A subsequent 90-day period begins on the date the first claim is filed with the board after the close of the preceding 90-day period.
(2) Determinations and judgments as a result of claims filed within a 90-day period against a landscape contracting business by owners of property upon which landscaping work was performed or was contracted to perform, or by the agents of the owner, have payment priority to the full extent of the bond, letter of credit or deposit over all other claims filed within the same 90-day period.
(3) If the total of all claims filed against a landscape contracting business by property owners or their agents under subsection (2) of this section within a 90-day period does not exhaust the bond, letter of credit or deposit, amounts due as a result of all other claims filed within the same 90-day period may be satisfied from the remainder of the bond, letter of credit or deposit, except that the total amount paid from any one bond to nonowner claimants may not exceed $3,000.
(4) If the total of all claims against a landscape contracting business within a single 90-day period exceeds the amount of the bond, letter of credit or deposit available for payment of those claims, payment from the bond, letter of credit or deposit shall be apportioned as the board determines, subject to the claim payment priorities established under this section.
(5) The total amount paid from any one bond for recovery of dispute resolution costs, interest and attorney fees may not exceed $3,000. [1973 c.832 §29d; 1979 c.840 §11; 1983 c.452 §19; 1999 c.34 §1; 2005 c.609 §19; 2007 c.149 §9; 2007 c.541 §39]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.720

[1975 c.757 §11; 1987 c.461 §5; 1991 c.734 §66; 1995 c.645 §5; 1997 c.337 §4; 2001 c.108 §3; 2001 c.409 §9a; renumbered 671.955 in 2001]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.750 - Portland metropolitan area business licenses.

The Legislative Assembly intends to reduce the number of city business licenses that a landscape contracting business must obtain to conduct business in the Portland metropolitan area. The purpose of this section and ORS 671.755 is to enable a landscape contracting business to secure from the metropolitan service district one business license that will permit the landscape contracting business to conduct business in cities in which the landscape contracting business performs a limited amount of work and in which it does not have a principal place of business. The Legislative Assembly also intends that this section and ORS 671.755 apply only to landscape contracting businesses without regard to any subsequent expansion of the jurisdiction of the State Landscape Contractors Board over other businesses. It is the policy of this state that, to the maximum extent possible consistent with the requirements of this section and ORS 671.755, the cities within the boundaries of the metropolitan service district be allowed to control the imposition of business license taxes and to maintain the level of revenues obtained from those taxes. The amount and trends of revenue produced or distributed to each city is intended to reflect the landscape contracting business activity within the participating cities. [2007 c.541 §46]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.760 - Business income tax.

(1) As used in this section, "business license tax" has the meaning given that term in ORS 671.755.
(2) A city that imposes a business license tax based on or measured by adjusted net income earned by conducting business within the city is exempt from ORS 671.755. [2007 c.541 §48]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.990 - Penalties for violations of ORS 671.010 to 671.220 or 671.530.

(1)(a) A person that violates a provision of ORS 671.010 to 671.220 or a rule the State Board of Architect Examiners adopts under ORS 671.010 to 671.220 is subject to a civil penalty of not more than $5,000 for each violation. A civil penalty under this subsection is in addition to and not in lieu of any other penalty or sanction provided by law.
(b) The board may impose a civil penalty under this section only in accordance with ORS 183.745.
(c) Notwithstanding ORS 670.335, the board shall deposit all civil penalties recovered under this section into an account the board establishes in accordance with ORS 182.470. Moneys the board deposits are appropriated continuously to the board and may be used only for the administration and enforcement of ORS 182.456 to 182.472 and 671.010 to 671.220.
(2) Violation of ORS 671.530 is a misdemeanor. [Subsection (2) enacted as 1961 c.431 §24; subsection (3) enacted as 1971 c.764 §22; 1977 c.803 §17; 1981 c.536 §18; 2023 c.70 §17]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.992 - Criminal penalties for violations of ORS 671.310 to 671.459.

Violation of any provision of ORS 671.310 to 671.459, or any rule of the State Landscape Architect Board adopted thereunder, is a Class A misdemeanor. [2001 c.950 §8; 2003 c.14 §426; 2011 c.597 §276]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.995 - Civil penalties for violations of ORS 671.310 to 671.459.

(1) The State Landscape Architect Board may impose a civil penalty against any person who violates any provision of ORS 671.310 to 671.459 or any rule adopted thereunder. The penalty shall be imposed in the manner provided by ORS 183.745. The board shall determine the amount of a civil penalty imposed under this section, not to exceed $5,000 for each offense. Notwithstanding ORS 670.335, civil penalties recovered under this section shall be deposited into an account established by the board as provided under ORS 182.470. Moneys deposited are appropriated continuously to the board for the administration and enforcement of ORS 182.456 to 182.472, 671.310 to 671.459 and 671.995. The Attorney General shall bring an action in the name of the State of Oregon in a court of appropriate jurisdiction to enforce any civil penalty imposed under this section.
(2) In determining the amount of a civil penalty imposed under this section, the board may consider:
(a) The seriousness of the violation;
(b) The economic benefit to the violator resulting from the violation;
(c) Whether the violator has previously committed violations; and
(d) Other factors that the board finds appropriate. [Formerly 671.950]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 671 - Architects; Landscape Professions and Business › Section 671.997 - Civil penalties for violations of ORS 671.510 to 671.760.

(1) The State Landscape Contractors Board may impose a civil penalty against a person who violates any provision of ORS 671.510 to 671.760 or a rule adopted pursuant to ORS 670.310, 670.605 or 671.670. The board shall determine the amount of the civil penalty, not to exceed $2,000 for each offense.
(2) The board shall impose civil penalties under this section as provided in ORS 183.745.
(3) The provisions of this section are in addition to and not in lieu of any other penalty or sanction provided by law.
(4)(a) If a landscape contracting business commits an act described under ORS 671.610 (5), the board may assess civil penalties or impose license sanctions under this subsection on the landscape contracting business to which the contract is awarded, the landscape contracting business that awards the contract, or both.
(b) Notwithstanding subsection (1) of this section, a civil penalty imposed on a landscape contracting business for a first offense of committing an act described under ORS 671.610 (5) may not exceed $1,000.
(c) In addition to any civil penalty assessed by the board, if a landscape contracting business has two or more prior offenses for committing acts described under ORS 671.610 (5), the board may impose license sanctions on the landscape contracting business. The license sanctions:
(A) For a third offense may not exceed the suspension of, or refusal to reissue, a license for six months;
(B) For a fourth offense may not exceed revocation of the license for three years; or
(C) For a fifth or subsequent offense may provide for permanent revocation of the license. [Formerly 671.955; 2007 c.541 §40; 2009 c.11 §89; 2015 c.672 §15]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 672 - Professional Engineers; Land Surveyors; Photogrammetrists; Geologists › Section 672.002 - Definitions for ORS 672.002 to 672.325.

As used in ORS 672.002 to 672.325, unless the context requires otherwise:
(1) "Board" means the State Board of Examiners for Engineering and Land Surveying.
(2) "Engineer," "professional engineer" or "registered professional engineer" means an individual who is registered in this state and holds a valid certificate to practice engineering in this state as provided under ORS 672.002 to 672.325.
(3) "Engineering intern" means an individual enrolled by the board as having passed an examination in the fundamental engineering subjects.
(4) "Geodetic survey" means a determination of the size and shape of the earth or the position of any point on the earth.
(5) "Land surveyor," "professional land surveyor" or "registered professional land surveyor" means an individual who is registered in this state and holds a valid certificate to practice surveying in this state as provided by ORS 672.002 to 672.325.
(6) "Land surveying intern" means an individual enrolled by the board as having passed an examination in the fundamental land surveying subjects.
(7) "Photogrammetric mapping" means an evaluating and measuring of land that is limited to the determination of the topography, area, contours and location of planimetric features, by using photogrammetric methods or similar remote sensing technology, including but not limited to using existing ground control points incidental to the photogrammetric or remote sensing mapping process.
(8) "Photogrammetrist" means an individual registered with the board and holding a valid certificate to practice photogrammetric mapping.
(9) "Responsible charge" means to have supervision and control of:
(a) The engineering design of works with responsibility for design decisions;
(b) Land surveying work for the purpose of ensuring conformance to the relevant requirements of law and sound surveying practice; or
(c) Photogrammetric mapping project work, which may include, but need not be limited to, work regarding the extent of coverage, location of ground control, aerial photography or similarly remotely sensed data, the measurement of features detected by remote sensing equipment, quality control for compliance with standards and specifications and the presentation of findings.
(10) "Supervision and control" means establishing the nature of, directing and guiding the preparation of, and approving the work product and accepting responsibility that the work product is in conformance with standards of professional practice. [1971 c.751 §1; 1983 c.614 §1; 1995 c.33 §1; 1997 c.210 §1; 2005 c.22 §475; 2005 c.445 §6; 2009 c.259 §1; 2015 c.576 §9]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 672 - Professional Engineers; Land Surveyors; Photogrammetrists; Geologists › Section 672.005 - Additional definitions.

As used in ORS 672.002 to 672.325, unless the context requires otherwise:
(1) "Practice of engineering" or "practice of professional engineering" means any of the following when done for others:
(a) Performing a service or creating an original work requiring engineering education, training and experience.
(b) In connection with utilities, structures, buildings, machines, equipment, processes, works or projects, whether private or public, applying special knowledge of the mathematical, physical and engineering sciences to services or original works such as:
(A) Consultation;
(B) Investigation;
(C) Evaluation;
(D) Planning;
(E) Design; and
(F) Services during construction, manufacture or fabrication for the purpose of ensuring compliance with specifications and design.
(c) Surveying to determine area or topography.
(d) Surveying to establish lines, grades or elevations, or to determine or estimate quantities of materials required, removed or in place.
(e) Surveying required for design and construction layout of engineering and architectural infrastructure.
(f) Performing photogrammetric mapping.
(2) "Practice of land surveying" means doing any of the following:
(a) Providing or offering to provide for others professional services that apply mathematics, geodesy and other sciences and involve:
(A) The making of geometric measurements and gathering of related information pertaining to:
(i) The physical or legal features of the earth;
(ii) Improvements on the earth; or
(iii) The space above or below the earth; or
(B) The development of measurements and information described in subparagraph (A) of this paragraph into graphics, data, maps, plans, reports, descriptions, projects or other survey products.
(b) Performing geodetic surveys for others.
(c) Establishing, reestablishing or replacing boundaries or geodetic control monuments or reference points.
(d) Locating, relocating, establishing, reestablishing or retracing any property lines or boundaries for any tract of land, road right-of-way or easement.
(e) Making any survey for the division or subdivision of a tract of land or for the consolidation of tracts of land.
(f) Locating and laying out for others alignments, positions or elevations for the construction of fixed works.
(g) Performing or offering to perform for others any investigation, interpretation or evaluation of, or any consultation about, any of the services described in paragraphs (a) to (f) of this subsection.
(h) Collecting, preparing, manipulating or modifying data related to activities described in paragraphs (a) to (f) of this subsection for others, other than acting as a scrivener.
(i) Performing photogrammetric mapping for others.
(j) Making surveys that involve horizontal or vertical mapping control or geodetic control. [1971 c.751 §2; 1973 c.531 §1; 1977 c.620 §1; 1981 c.143 §2; 1991 c.339 §5; 1997 c.210 §2; 2005 c.445 §7; 2019 c.75 §1]