reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 1 - ADMINISTRATION › Section 808-001-0030 - When Mail Deemed Delivered; Response Time to Notices

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Except as provided in section (2) of this rule, mail shall be considered
			 delivered to a person when deposited in the United States mail with the correct
			 amount of postage and addressed to the last known address of record of the
			 person.
(2) If the agency directs
			 mail to a person who is not a licensee or a claimant under division 4 of these
			 rules, the mail shall not be deemed delivered if it is returned as
			 undeliverable because the person moved with no forwarding address.
(3) Time for responses to all notices to a
			 person delivered by placement in the United States mail with the correct amount
			 of postage and addressed to the last known address of the person shall run from
			 the date of mailing, unless otherwise specified in the notice.
(4) OAR
			 137-003-0520(11)
			 shall apply to the computation of time to respond to a notice under this rule,
			 whether the notice is related to a contested case, arbitration or any other
			 matter.
Statutory/Other Authority: ORS
				  183.415, ORS
				  670.310 & ORS
				  671.670
Statutes/Other Implemented: ORS
				  183.415
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 1 - ADMINISTRATION › Section 808-001-0050 - Confidentiality and Inadmissibility of Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The words and
			 phrases used in this rule have the same meaning as given to them in ORS
			 36.110 and
			 36.234.
(2) Nothing in this rule affects any
			 confidentiality created by other law. Nothing in this rule relieves a public
			 body from complying with the Public Meetings Law, ORS
			 192.610 to
			 192.690. Whether or not they are
			 confidential under this or other rules of the agency, mediation communications
			 are exempt from disclosure under the Public Records Law to the extent provided
			 in ORS 192.410 to
			 192.505.
(3) This rule applies only to mediations in
			 which the agency is a party or is mediating a dispute as to which the agency
			 has regulatory authority. This rule does not apply when the agency is acting as
			 the "mediator" in a matter in which the agency also is a party as defined in
			 ORS 36.234.
(4) To the extent mediation communications
			 would otherwise be compromise negotiations under ORS
			 40.190 (OEC Rule 408), those
			 mediation communications are not admissible as provided in ORS
			 40.190 (OEC Rule 408),
			 notwithstanding any provisions to the contrary in section (9) of this
			 rule.
(5) Mediations Excluded.
			 Sections (6)-(10) of this rule do not apply to:
(a) Mediation of workplace interpersonal
			 disputes involving the interpersonal relationships between this agency's
			 employees, officials or employees and officials, unless a formal grievance
			 under a labor contract, a tort claim notice or a lawsuit has been filed;
			 or
(b) Mediation in which the
			 person acting as the mediator will also act as the hearings officer in a
			 contested case involving some or all of the same matters;
(c) Mediation in which the only parties are
			 public bodies;
(d) Mediation
			 involving two or more public bodies and a private party if the laws, rule or
			 policies governing mediation confidentiality for at least one of the public
			 bodies provide that mediation communications in the mediation are not
			 confidential;
(e) Mediation
			 involving 15 or more parties if the agency has designated that another
			 mediation confidentiality rule adopted by the agency may apply to that
			 mediation; or
(f) Mediation by an
			 authorized representative acting on behalf of the Landscape Contractors Board
			 in which the parties to the mediation are parties to a claim or arbitration
			 filed under ORS 671.700 to
			 671.703, unless the mediator and
			 the parties elect by written agreement consistent with the form set out in
			 section (8) of this rule to participate in a confidential mediation.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 1 - ADMINISTRATION › Section 808-001-0060 - Confidentiality and Inadmissibility of Workplace Interpersonal Dispute Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 rule applies to workplace interpersonal disputes, which are disputes involving
			 the interpersonal relationships between this agency's employees, officials or
			 employees and officials. This rule does not apply to disputes involving the
			 negotiations of labor contracts or matters about which a formal grievance under
			 a labor contract, a tort claim notice or a lawsuit has been filed.
(2) The words and phrases used in this rule
			 have the same meaning as given to them in ORS
			 36.110 and
			 36.234.
(3) Nothing in this rule affects any
			 confidentiality created by other law.
(4) To the extent mediation communications
			 would otherwise be compromise negotiations under OS 40.190 (OEC Rule 408),
			 those mediation communications are not admissible as provided in ORS
			 40.190 (OEC Rule 408),
			 notwithstanding any provisions to the contrary in section (9) of this
			 rule.
(5) Disclosures by Mediator.
			 A mediator may not disclose or be compelled to disclose mediation
			 communications in a mediation and, if disclosed, such communications may not be
			 introduced into evidence in any subsequent administrative, judicial or
			 arbitration proceeding unless:
(a) All the
			 parties to the mediation and the mediator agree in writing to the disclosure;
			 or
(b) The mediation communication
			 may be disclosed or introduced into evidence in a subsequent proceeding as
			 provided in subsections (c) or (h)-(j) of section (7) of this rule.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0100 - Definitions Generally

Current through Register Vol. 63, No. 7, July 1, 2024
Except where the context requires otherwise, the definitions in
				this division govern the interpretation of ORS
				671.510 to
				671.710,
				671.955 and OAR chapter
				808.
Stat. Auth.: ORS
				  183.325 -
				  183.410,
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.510 -
				  671.990
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0120 - Action on the Bond or Deposit

Current through Register Vol. 63, No. 7, July 1, 2024
"Action on the Bond or Deposit" means an agency order that the
				claim be paid out of the deposit or bond as provided in ORS
				671.703.
Stat. Auth.: ORS
				  183.325 -
				  183.410,
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.700
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0130 - Administrative Law Judge

Current through Register Vol. 63, No. 7, July 1, 2024
"Administrative law judge" means a person authorized to conduct
				hearings for the Office of Administrative Hearings.
Stat. Auth.: ORS
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.703
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0140 - Agency

Current through Register Vol. 63, No. 7, July 1, 2024
"Agency" means the State Landscape Contractors Board,
				Administrator, and staff.
Stat. Auth.: ORS
				  183.325 -
				  183.410,
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0145 - Agriculture Exemption

Current through Register Vol. 63, No. 7, July 1, 2024
The following are exempt from ORS
				671.510 to
				671.760 pursuant to ORS
				571.005(5)(a) to
				(e)(Definitions for ORS
				571.005 to
				571.230) and ORS 215.2023
				(exclusive farm use zones):
(1) All
			 plants, including but not limited to trees, shrubs, or vines, planted or
			 installed on a farm or vineyard to produce agricultural food products for
			 humans or animals for commercial sale.
(2) Drainage systems used to drain
			 agricultural products. including but not limited to, nursery stock, field and
			 forage crops, the seeds of grasses, cereal grains, vegetable crops, any
			 vegetable or fruit used for food or feed, cut flowers unless stems or other
			 portions thereof are intended for propagation, grown for commercial sale, or
			 for pastures used for the grazing or raising of animals for commercial sale,
			 unless done in conjunction with a landscape job.
(3) Irrigation systems used to irrigate
			 agricultural products, including but not limited to, nursery stock, field and
			 forage crops, the seeds of grasses, cereal grains, vegetable crops, any
			 vegetable or fruit used for food or feed, cut flowers unless stems or other
			 portions thereof are intended for propagation, grown for sale, or for pastures
			 used for the grazing or raising of animals for commercial sale, unless done in
			 conjunction with a landscape job.
(4) Plan, install, maintain, or repair of
			 fences to control livestock.
Statutory/Other Authority: ORS
				  670.310 & ORS
				  671.670
Statutes/Other Implemented: ORS
				  671.520
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0150 - Backflow Assembly

Current through Register Vol. 63, No. 7, July 1, 2024
"Backflow assembly," as used in ORS
				671.615, means the combination
				of a backflow device and two manual control valves on either side of the
				device, and the plumbing in between.
Stat. Auth.: ORS
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.615 &
				  671.617
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0155 - Bid

Current through Register Vol. 63, No. 7, July 1, 2024
"Bid" means offering to perform landscaping work on a given job
				site in return for compensation.
Stat. Auth.: ORS
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.520
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0160 - Board

Current through Register Vol. 63, No. 7, July 1, 2024
"Board" means the seven-member Landscape Contractors Board
				appointed under ORS 671.630.
Stat. Auth.: ORS
				  183.325 -
				  183.410,
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.630
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0200 - Casual, Minor, or Inconsequential

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Casual, Minor, or Inconsequential" work,
			 as used in ORS 671.540(1)(c)(C),
			 includes:
(a) The replacement of shrubs,
			 vines, trees and nursery stock with varieties that are similar in habit and
			 culture;
(b) The replacement of
			 existing lawns;
(c) The planting of
			 annuals, perennials and bulbs in existing beds and outdoor pots and containers
			 that are part of a structure or require power equipment to be placed when empty
			 or filled. This does not include the commercial production of nursery
			 stock;
(d) The replacement of
			 non-concrete landscape edging;
(e)
			 In an irrigation system, the replacement of three or fewer malfunctioning
			 sprinkler heads with heads of the same or of a similar type and hydraulic
			 equivalency without raising the grade by cutting or lengthening the existing
			 head to lateral piping more than four (4) inches;
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0205 - Charges

Current through Register Vol. 63, No. 7, July 1, 2024
"Charges" as used in ORS
				671.690 means any compensation
				that a landscape contracting business asks for to perform landscaping
				work.
Stat. Auth.: ORS
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.690
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0210 - Claimant

Current through Register Vol. 63, No. 7, July 1, 2024
"Claimant" means a person who files a claim against a landscape
				contracting business under ORS
				671.695.
Stat. Auth.: ORS 671
Stats. Implemented: ORS
				  671
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0220 - Claims

Current through Register Vol. 63, No. 7, July 1, 2024
"Claims" as used in ORS
				671.690 to
				671.710 and in division 4 of
				this chapter are:
(1) "Breach of
			 contract claim" means a claim for amounts due from a landscape contracting
			 business as a result of a breach of contract in performing work subject to ORS
			 671.510 to
			 671.760.
(2) "Material or equipment claim," means a
			 claim filed by:
(a) a material supplier who
			 has not been paid for materials sold to a licensed landscape contracting
			 business installed on a given job site located within the boundaries of the
			 State of Oregon when the work performed is subject to ORS
			 671.510 to
			 671.760; or
(b) an equipment rental business who has not
			 been paid for the rental of equipment to a licensed landscape contracting
			 business to be used in the performance of work of a licensed landscape
			 contracting business in connection with a given job site located within the
			 boundaries of the State of Oregon when the work performed is subject to 671.510
			 to 671.760.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0240 - Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
"Compensation" means payment made or value received in the form
				of money, goods, or services in return for landscape contracting. Compensation
				includes, but is not limited to, the following:
(1) Profit from the sale or lease of property
			 where landscaping was performed as part of developing the property for sale or
			 lease,
(2) Salary or wages where
			 the employee's duties included landscaping work.
Stat. Auth.: ORS
				  183.325 -
				  183.410,
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.510 -
				  671.720
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0250 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  183.325 -
				  183.410,
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.520(1)
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0260 - Court, Arbitrator or Other Entity

Current through Register Vol. 63, No. 7, July 1, 2024
"Court, arbitrator or other entity" means a court of competent
				jurisdiction or an arbitrator or other entity authorized by law or the parties
				to a dispute to effect a resolution to the dispute.
Stat. Auth.: ORS
				  183.325 -
				  183.410,
				  670.310 &
				  671.670
Stats. Implemented: ORS 671.545,
				  671.578,
				  671.610,
				  671.625,
				  671.703,
				  671.707 &
				  671.710
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0278 - Project

Current through Register Vol. 63, No. 7, July 1, 2024
"Project" as used in ORS
				671.690 means the landscape job
				as defined in OAR 808-002-0495.
Stat. Auth.: ORS
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.690
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0280 - Date Work Completed

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except
			 as provided in subsection (4) of this rule, the phrase "Date Work Completed"
			 means:
(a) The date when all the provisions of
			 the contract were substantially fulfilled, excluding warranty work;
			 or
(b) The date the landscape
			 contracting business ceased work, if the landscape contracting business fails
			 to substantially fulfill the provisions of the contract.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0290 - Days

Current through Register Vol. 63, No. 7, July 1, 2024
"Days" as used in this chapter means calendar days, unless
				otherwise provided or the context otherwise indicates.
Stat. Auth.: ORS
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0300 - Defective Materials

Current through Register Vol. 63, No. 7, July 1, 2024
"Defective Materials" are materials which are below the
				standard quality normally used unless specified in the written or verbal
				contract.
Stat. Auth.: ORS
				  183.325 -
				  183.410,
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.610
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0320 - Defective Work

Current through Register Vol. 63, No. 7, July 1, 2024
"Defective Work"as used in ORS
				671.610 means work which is
				found to be negligent or improper:
(1)
			 In final administrative orders, arbitration awards, court orders, or any
			 combination of thereof;
(2) Based
			 on claims made under ORS
			 671.695 to
			 671.703 against a landscape
			 contracting business by a property owner, the agent of a property owner, a
			 licensed landscape contracting business or a construction contractor licensed
			 under ORS chapter 701 against a licensed landscape contracting business
			 subcontractor, or any combination thereof
(3) If there have been at least 3 such final
			 administrative orders, arbitration awards, or court orders issued against a
			 landscape contracting business; and,
(4) No more than 5 years elapsed between the
			 date the oldest final administrative order, arbitration award, or court order
			 being considered was issued, and the date the most recent final administrative
			 order, arbitration award, or court order being considered was issued.
Statutory/Other Authority: ORS
				  183.325 -
				  183.410,
				  670.310 &
				  671.670
Statutes/Other Implemented: ORS
				  671.610 &
				  670.600
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0325 - Direct Contractual Relationship

Current through Register Vol. 63, No. 7, July 1, 2024
"Direct Contractual Relationship" as used in OAR
				808-004-0320 has the following
				meanings:
(1) For a negligent or
			 improper work claim, a breach of contract claim, or a construction lien claim
			 "direct contractual relationship" means a relationship created by a contract
			 between claimant and respondent providing that respondent performs landscape
			 construction work in return for valuable consideration conveyed directly from
			 claimant to respondent.
(2) For a
			 material claim or subcontractor claim, "direct contractual relationship" means
			 a relationship created by a contract between claimant and respondent providing
			 that claimant provide labor, material or rental equipment in return for
			 valuable consideration conveyed directly from respondent to claimant.
Stat. Auth.: ORS
				  183.325 -
				  183.410,
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.610 &
				  670.600
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0328 - Direct Supervision

Current through Register Vol. 63, No. 7, July 1, 2024
"Direct supervision" as used in ORS
				671.540(1)(q) and
				(r), means that a licensed landscape
				construction professional supervises any unlicensed employee who performs
				landscaping work such that the employee:
(1) has had instruction on the project from
			 the landscape construction professional, verbally or in writing;
(2) knows the landscape construction
			 professional by name;
(3) knows how
			 to contact the landscape construction professional; and
(4) can communicate with the landscape
			 construction professional within an hour, and, if unavailable, that landscape
			 construction professional will return the call by end of day to the
			 employee.
Stat. Auth.: ORS
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.540(15) &
				  (16)
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0330 - Dishonest or Fraudulent Conduct

Current through Register Vol. 63, No. 7, July 1, 2024
"Dishonest or fraudulent conduct," as used in ORS
				671.610(1)(q),
				includes, but is not limited to, the following:
(1) Failing to pay monies when due for
			 materials or services rendered in connection with the applicant's or licensee's
			 operations as a landscape contracting business when the applicant or licensee
			 has received sufficient funds as payment for the particular landscaping project
			 or operation for which the services or materials were rendered or purchased; or
(2) Accepting payment in advance
			 on a contract or agreement and failing to perform the work or provide the
			 services required by the contract or agreement in a diligent manner and failing
			 to return payment for unperformed work, upon reasonable and proper demand,
			 within ten days of demand; or
(3)
			 Displaying to the public false, misleading, or deceptive advertising whereby a
			 reasonable person could be misled or injured; or
(4) Failing to pay minimum wages or overtime
			 wages as required under state or federal law; or
(5) Failing to comply with the state
			 Prevailing Wage Rate Law, ORS
			 279.348 to
			 279.380; or
(6) Failing to comply with the federal
			 Davis-Bacon and related acts when the terms of the contract require such
			 compliance; or
(7) Failing to pay
			 wages as determined by the Bureau of Labor and Industries, Wage and Hour
			 Division; or
(8) Presenting for
			 payment to the board a check that subsequently is returned to the agency due to
			 non-sufficient funds or closure of the account; or
(9) Misrepresenting the employment
			 relationship between a landscape contracting business and a landscape
			 construction professional.
(10)
			 Providing false information to the board.
Stat. Auth.: ORS
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.610(1)(q)
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0338 - Landscape Drainage Systems

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Landscape
			 Drainage Systems," as used in ORS
			 671.520(1)(c),
			 mean assemblies of piping and fittings that are used to drain lawns, trees,
			 shrubs, and nursery stock and other landscape work. These assemblies of piping
			 and fittings may drain to dry areas of the landscape, or features such as, but
			 not limited to, above or below ground landscape watering cisterns, rain
			 barrels, bioswales, other water features or sewers when authorized pursuant to
			 state and local building codes. While "Landscape Drainage Systems" do not
			 include systems used solely to drain roofs, foundations, footers, buildings,
			 basements, or crawl spaces, the water produced by such features may
			 incorporated into a landscape drainage system when authorized pursuant to state
			 and local building codes. Landscape Drainage systems do not include systems
			 used to drain agricultural products including nursery stock grown for sale or
			 for pastures used for the grazing or raising of animals unless done in
			 conjunction with a landscape job.
(2) Installation. For the purposes of ORS
			 671.520(1)(c),
			 to install landscape drainage systems includes, but is not limited to:
(a) Trenching;
(b) Installing drainage pipe or pipe
			 fittings, rain barrels, above or below ground water cisterns, bioswales or
			 other landscape water features all of which may be resourced directly from rain
			 water runoff and natural seepage or, for example, through water sourced from
			 systems draining roofs, foundations, footers, buildings, basements, crawl
			 spaces;
(c) Installing drainage
			 filtering materials including filter fabric, gravel, or other natural or
			 synthetic materials; or
(d)
			 Backfilling.
(e) To install
			 landscape drainage systems does not include installing drainage systems soley
			 the protection or remediation of buildings, basements, foundations, footings,
			 roofs, or crawl spaces.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0340 - Employ

Current through Register Vol. 63, No. 7, July 1, 2024
"Employ," as used in ORS
				671.530(6),
				671.565(1)(b)
				and 671.610(2)(f),
				means to hire an employee, as defined in OAR
				808-002-0360, and thereafter be
				subject to ORS Chapters 654, 656, 657 and state and federal wage and hour
				laws.
Stat. Auth.: ORS
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.530 &
				  671.565
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0360 - Employee

Current through Register Vol. 63, No. 7, July 1, 2024
"Employee" means any individual working for remuneration who
				does not meet the requirements of an independent contractor in ORS
				670.600. Employee does not
				include either a subcontractor that is an independent contractor, or a leased
				or temporary employee.
Stat. Auth.: ORS
				  183.325 -
				  183.410,
				  670.310 &
				  671.670
Stats. Implemented: ORS 305, 314, 316, 317, 318, 656, 657,
				  671.525,
				  671.520,
				  671.565,
				  671.660 &
				  447.060
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0390 - Family Members

Current through Register Vol. 63, No. 7, July 1, 2024
"Family members" means members of the same family and are
				related as parents, spouses, sisters, brothers, daughters, sons,
				daughters-in-law, sons-in-law, or grandchildren.
Stat. Auth.: ORS
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.525,
				  671.560,
				  671.565 & Chapter 283 (2011
				  Laws)
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0420 - Full Year of Training

Current through Register Vol. 63, No. 7, July 1, 2024
"Full Year of Training in an area related to landscaping at an
				Accredited School or College", as used in ORS
				671.570(1)(d)(B)
				means 36 quarter hours or 24 semester hours of classes relating to landscape
				contracting at a school or college accredited by an agency recognized by either
				the United States Department of Education (USDE) or the Council for Higher
				Education Accreditation (CHEA).
Stat. Auth.: ORS
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.570
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0440 - Given Job Site

Current through Register Vol. 63, No. 7, July 1, 2024
"Given Job Site" means a fixed location, but in the instance of
				a building complex, not necessarily a single address.
Stat. Auth.: ORS
				  183.325 -
				  183.410,
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.540
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0451 - Improper Work

Current through Register Vol. 63, No. 7, July 1, 2024
"Improper" work as used in ORS
				671.690(2)(c)
				and ORS 671.695(1)(b) and
				(3)(b) means not suited to the circumstances,
				design or given job site.
Statutory/Other Authority: ORS
				  670.310 & ORS
				  671.670
Statutes/Other Implemented: ORS
				  671.690 & ORS
				  671.695
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0455 - Install

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purpose
			 of ORS 671.520, ORS
			 671.522, OAR
			 808-002-0500 and OAR
			 808-002-0780"install" means:
(a) The planting of lawns, trees, shrubs,
			 vines and nursery stock outdoors including the preparation of the property. For
			 the purpose of this rule, planting includes, but is not limited to, the
			 excavation of the planting pit or hole, physically moving the plant into the
			 pit or hole, backfilling the pit or hole, compacting the backfill and staking
			 the plant if necessary.
(b) Adding
			 mulching material when a tree, shrub, vine, and/or nursery stock are
			 planted.
(c) The laying of
			 artificial turf as defined in OAR
			 808-002-0500(2)
			 including the preparation of the site.
(d) Hydroseeding (also called hydromulching
			 or hydraulic mulch seeding when mulch is added to the seed slurry). For
			 purposes of this rule, hydroseeding includes, but is not limited to,
			 truck-mounted, trailer-mounted or any type of seed sprayer. The seed slurry for
			 spraying may include water, fertilizer, tackifying agents, fiber mulch, green
			 dye or other substances that promote seed growth and may be used to, for
			 example, grow grass, restore habitat or prevent soil erosion even if no further
			 preparation of the property is performed before or after the hydroseeding takes
			 place.
(e) The construction of
(A) Ornamental water features,
(B) Landscape drainage,
(C) Irrigation systems,
(D) Fences,
(E) Decks,
(F) Arbors,
(G) Patios,
(H) Landscape edging,
(I) Driveways,
(J) Walkways; and
(K) Retaining walls.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0480 - Irrigation Systems

Current through Register Vol. 63, No. 7, July 1, 2024
"Irrigation systems" as used in ORS
				671.520(1)(e):
(1) Includes, but are not limited to,
			 assemblies of station or master valves, piping, sprinklers, nozzles, emitters,
			 filters, or controllers and the positioning and piping of pumps; that are
			 installed for the purpose of watering lawns, trees, shrubs or nursery
			 stock.
(2) If an irrigation system
			 is connected to a water supply that is used for multiple purposes, the
			 irrigation system begins immediately downstream of a backflow device (if
			 required) or any shut-off valve installed at the point of connection in the
			 water supply line separating the irrigation system from the other functions of
			 the water supply.
(3) Irrigation
			 systems do not include systems used to irrigate agricultural products including
			 nursery stock grown for sale or for pastures used for the grazing or raising of
			 animals unless done in conjunction with a landscape job.
(4) For the purpose of this rule, a shut-off
			 valve is any valve installed solely for the purpose of isolating all functions
			 of an irrigation system from the supply source and a station or master valve is
			 a valve installed for the purpose of distributing a controlled amount of water
			 to the other components of the irrigation system.
(5) Installation. For the purposes of ORS
			 671.520(1)(e),
			 to install irrigation systems includes, but is not limited to:
(a) Trenching;
(b) Installing irrigation pipe or pipe
			 fittings, valves, control wires, sprinkler heads, emitters, nozzles,
			 controllers or other elements of an irrigation system;
(c) Altering an existing irrigation systems;
			 or
(d) Backfilling.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0490 - Landscape Edging

Current through Register Vol. 63, No. 7, July 1, 2024
"Landscape edging," as used in ORS
				671.520(1)(f),
				means concrete, metal, plastic, wood or other material that is used to separate
				different elements of a landscape from each other.
Statutory/Other Authority: ORS
				  670.310 &
				  671.670
Statutes/Other Implemented: ORS
				  671.520
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0495 - Landscape Job

Current through Register Vol. 63, No. 7, July 1, 2024
"Landscape job", means the performance of, bidding on,
				contracting for, or arranging for landscaping work on a given job site with the
				same owner in any 12-month period, regardless of the number of contracts or
				bids submitted.
Stat. Auth.: ORS
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.690
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0500 - Landscaping Work

Current through Register Vol. 63, No. 7, July 1, 2024
"Landscaping Work," as used in ORS
				671.530,
				671.540,
				671.555,
				671.595,
				671.563,
				671.568,
				671.570,
				671.660(5), and
				671.690, and
				671.710, means:
(1) The planning or installing of lawns,
				shrubs, vines, trees, and nursery stock outdoors including the preparation of
				property on which the vegetation is to be installed. For the purposes of this
				rule, "preparation of property" includes, but is not limited to the
				installation of root penetration prevention materials, the placement of
				containers and pots that require the use of power equipment to move, the adding
				and incorporating of soil amendments, importation of topsoil and other planting
				media, removal of soil, and final grading to the specified aesthetic and
				drainage needs of a site on which landscaping work is to be
				performed;
(2) The preparation,
				installation, and repair of artificial turf installed outdoors, except sports
				fields. For purposes of this rule:
(a) Sports
				field means one or more areas of a property that total more than 30,000 square
				feet of artificial turf and are designated to be used primarily for sport or
				other athletic activities
(b)
				"Preparation," for the purpose of this rule, includes, but is not limited to
				the installation of root penetration prevention materials, base material such
				as crushed rock, gravel, or decomposed granite, grading to smooth out the base
				material, compacting the base, laying, cutting, stretching, seaming, and
				fastening the turf, the addition of a filler, and brushing.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0520 - Landscaping Work on Residential Property

Current through Register Vol. 63, No. 7, July 1, 2024
"Landscaping work on residential property that is directly
				related to local building code requirements or occupancy ordinances" as used in
				ORS 671.540(1)(i)
				means landscaping work performed on specific residential dwelling sites and
				does not include landscaping work performed in open spaces, tracts, and common
				areas.
Stat. Auth.: ORS
				  183.325 -
				  183.410,
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.540
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0540 - Last-Known Address of Record

Current through Register Vol. 63, No. 7, July 1, 2024
"Last-known address of record" for a landscape construction
				professional, or a landscape contracting business, as used in ORS
				671.603(2),
				means the mailing address provided by the landscape construction professional
				or landscape contracting business in writing to the agency.
Statutory/Other Authority: ORS
				  670.310 & ORS
				  671.670
Statutes/Other Implemented: ORS
				  671.603
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0560 - Legal Entity

Current through Register Vol. 63, No. 7, July 1, 2024
"Legal Entity" includes, but is not limited to, an individual,
				a partnership, a limited liability partnership, a corporation, a limited
				liability company, an association, or a firm.
Stat. Auth.: ORS
				  183.325 -
				  183.410,
				  670.310 &671.670
Stats. Implemented: ORS
				  671.510 -
				  671.720
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0580 - Legal Holiday

Current through Register Vol. 63, No. 7, July 1, 2024
"Legal Holiday" is any day designated by ORS l87.010 to
				l87.020.
Stat. Auth.: ORS
				  183.325 -
				  183.410,
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  187
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0590 - Lienor

Current through Register Vol. 63, No. 7, July 1, 2024
"Lienor" means a person who holds a construction lien on
				another's property.
Stat. Auth.: ORS
				  670.310 &
				  671.670
Stats. Implemented: Chapter 149 OL
				  2007
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0620 - Landscape Maintenance

Current through Register Vol. 63, No. 7, July 1, 2024
"Landscape Maintenance" means the regular and practical care of
				existing landscapes and would include, but is not limited to:
(1) The mowing, trimming and edging of
			 lawns;
(2) The placement of
			 mulching materials including, but not limited to, bark dust, chips, husks,
			 shells or compost when a tree, shrub, vine, and/or nursery stock have not been
			 planted within the last 30 days; or
(3) The application of fertilizer to lawns,
			 trees and shrubs using fertilizer as defined in ORS
			 633.311.
(4) The planting of outdoor pots and
			 containers when the pots and containers can be placed without the assistance of
			 power equipment when empty or filled.
(5) In an irrigation system landscape
			 maintenance is:
(a) The adjustment of
			 sprinkler head nozzles to adjust the spray pattern;
(b) Raising sprinkler heads without cutting
			 or lengthening the existing head to lateral piping four (4) inches or
			 less;
(c) The programming of
			 irrigation controllers;
(d)
			 Winterization without the use of compressed air; or
(e) Irrigation activation.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0623 - Manages or Shares In the Management

Current through Register Vol. 63, No. 7, July 1, 2024
"Manages or shares in the management" means to have a position
				in the business that is accountable for exercising delegated authority over the
				human and financial resources to accomplish the objectives of the business
				which may include, but is not limited to, the performance of the planning,
				directing, implement, organizing, evaluation, supervising or administering the
				operations of the business and includes the preparation or administration of
				contracts for landscaping work performed by the business.
Stat. Auth.: ORS
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.610,
				  671.571 &
				  671.595
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0625 - Managing Employee

Current through Register Vol. 63, No. 7, July 1, 2024
The term "Managing Employee" is defined as any individual,
				including a general manager, business manager, or administrator employed by a
				landscape contracting business who exercises operational or managerial control
				over the business activities of the landscape contracting business. An
				individual can only be a managing employee of one landscaping business at a
				time.
Stat. Auth.: ORS
				  670.310 &
				  671.670
Stats. Implemented: Ch. 249 OL
				  2007
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0650 - Minority Shareholder

Current through Register Vol. 63, No. 7, July 1, 2024
"Minority shareholder," as used in ORS
				671.607(2)(a)
				means a shareholder of a corporation who owns or controls less than one-half
				the total shares outstanding.
Stat. Auth.: ORS
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.607
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0665 - Monetary Damages

Current through Register Vol. 63, No. 7, July 1, 2024
"Monetary damages" may include, but is not limited to:
(1) The dollar amount required in excess of
			 the contract amount to provide the claimant what was agreed to be provided
			 under the terms of the contract minus any amount due and unpaid the licensed
			 landscape contracting business; or
(2) The dollar amount paid to the licensed
			 landscape contracting business less the reasonable value of any work properly
			 performed by the licensed landscape contracting business, plus the cost to
			 demolish negligent or improper work, and to restore the property to the
			 condition it was in before work began.
Stat. Auth.: ORS
				  183.325 -
				  183.410,
				  670.310 &
				  671.670
Stats. Implemented: ORS 183 &
				  671.703
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0680 - Nature and Complexity

Current through Register Vol. 63, No. 7, July 1, 2024
"Nature or Complexity" as used in ORS
				671.703 includes, but is not
				limited to the following meaning:
(1)
			 Involves issues requiring legal interpretation of statutes and case law that
			 are not normally part of a landscaping claim;
(2) In the interest of fairness and equity,
			 requires rulings against persons or entities outside the jurisdiction of the
			 agency; or
(3) Involves issues and
			 fact determinations that are outside the expertise of the agency.
Stat. Auth.: ORS
				  183.325 -
				  183.410,
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.703
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0685 - Negligent

Current through Register Vol. 63, No. 7, July 1, 2024
"Negligent" as used in ORS
				671.690(2)(c),
				671.695(1)(a) and
				(3)(a) means failure to exercise the care of
				a reasonably prudent person in like circumstances.
Stat. Auth.: ORS
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.695 &
				  671.520
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0725 - Office of Administrative Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
"Office of Administrative Hearings" means the Office of
				Administrative Hearings established under ORS
				183.605.
Stat. Auth.: ORS
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.703
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0730 - Ornamental Water Features

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 "Ornamental Water Features," as used in ORS
			 671.520(1)(c) &
			 (5), means outdoor fountains, ponds,
			 waterfalls, man-made streams and other decorative water-related constructions
			 including shallow, decorative pools (singularly or in combination with others),
			 or streambeds constructed of material such as liners, gravel, rocks, boulders,
			 or concrete. Ornamental water features may include piping, pumps, or a
			 filtration system.
(2) Ornamental
			 water features do not include prefabricated systems which are self contained
			 and do not require construction on the site.
(3) Installation. For the purpose of ORS
			 671.520(1)(c)"install"
			 ornamental water features includes, but is not limited to:
(a) Excavating;
(b) Liner installation;
(c) Gravel, rock and boulder placement;
(d) Piping;
(e) Pump installation;
(f) Automatic fill installation;
(g) Mortaring;
(h) Concreting; or
(i) Filter installation.
(j) To install ornamental water features does
			 not include the installation of pre-fabricated systems that are self-contained
			 and do not require construction on the site.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0734 - Owner

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Owner," as
			 defined in ORS 671.607 means:
(a) A person described in ORS
			 671.607(1)(d);
(b) A general partner in a limited
			 partnership;
(c) A majority
			 stockholder in a limited partnership;
(d) A manager in a manager-managed limited
			 liability company;
(e) A member in
			 a member-managed limited liability company; or
(f) A person who has a financial interest in
			 a business and manages or shares in the management of the business.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0755 - Patio

Current through Register Vol. 63, No. 7, July 1, 2024
"Patio" as used in ORS
				671.520 and
				671.690 is a single or
				multi-level area, which may be accessorized, including but not limited to
				stairs, railings, seating, covers, low voltage lighting fire pits, outdoor
				kitchens and outdoor wood fire ovens and ornamental water features. However,
				nothing in this rule authorizes a licensee under 671.510 to 671.760 to perform
				work outside the scope of that license.
Statutory/Other Authority: ORS
				  670.310 &
				  671.670
Statutes/Other Implemented: ORS
				  671.520 &
				  671.690
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0760 - Person

Current through Register Vol. 63, No. 7, July 1, 2024
"Person" means any legal entity.
Stat. Auth.: ORS
				  183.325 -
				  183.410,
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.510 -
				  671.720
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0775 - Piping

Current through Register Vol. 63, No. 7, July 1, 2024
"Piping" as used in ORS
				671.540(1)(m), (n) &
				(o) and OAR
				808-002-0480 means water
				distribution pipe, of any type or composition, including connecting fittings,
				used in an irrigation system. Piping does not include valves, control wires,
				sprinkler heads, emitters, nozzles, controllers or other elements used in an
				irrigation system.
Stat. Auth.: ORS
				  183.310,
				  671.670 & 2009 OL Ch.
				  483
Stats. Implemented: ORS
				  671.520 &
				  671.540
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0780 - Plan and Install

Current through Register Vol. 63, No. 7, July 1, 2024
"Plan or Install" as used in ORS
				671.520(2)(a) and
				(f) means:
(1) "Plan," for the purposes of this rule,
			 means the ability to lay out verbally, or in sketch or scale drawing form, a
			 landscape project for implementation, including preparation, construction, and
			 planting.
(2) "Install," for the
			 purposes of this rule, has the same meaning as it does under OAR
			 808-002-0455.
Stat. Auth.: ORS
				  183.325 -
				  183.410,
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.520 &
				  671.540