reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0260 - Independent Contractor

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose
			 of Rule. The Landscape Contractors Board, Department of Revenue, Department of
			 Consumer and Business Services, Employment Department, and Construction
			 Contractors Board must adopt rules together to carry out ORS
			 670.600. ORS
			 670.600 defines "independent
			 contractor" for purposes of the programs administered by these agencies. This
			 rule is intended to ensure that all five agencies apply and interpret ORS
			 670.600 in a consistent manner;
			 to clarify the meaning of terms used in ORS
			 670.600; and, to the extent
			 possible, to enable interested persons to understand how all five agencies will
			 apply ORS 670.600.
(2) Statutory Context.
(a) ORS
			 670.600 generally establishes
			 three requirements for "independent contractors". One requirement is that an
			 "independent contractor" must be engaged in an "independently established
			 business." Another requirement is related to licenses and certificates that are
			 required for an "independent contractor" to provide services. A third
			 requirement is that an "independent contractor" must be "free from direction
			 and control over the means and manner" of providing services to
			 others.
(b) The specific focus of
			 this rule is the "direction and control" requirement. See ORS
			 670.600 for the requirements of
			 the "independently established business" test and for licensing and
			 certification requirements.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0440 - Notification of Conviction of a Crime

Current through Register Vol. 63, No. 7, July 1, 2024
A sole proprietor or partner in a partnership or individual
				landscape construction professional licensed by the agency who is convicted of
				a crime listed in ORS
				671.610(1)(q)
				must notify the agency in writing within 30 days from the date of the entry of
				the judgment of conviction.
Stat. Auth.: ORS
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.560,
				  671.565,
				  671.610,
				  671.703
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0450 - License Fitness Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In considering
			 whether to sanction an applicant or licensee pursuant to ORS
			 671.610(1)(s),
			 the agency shall consider whether the applicant's or licensee's criminal
			 conduct is substantially related to the fitness and ability of the applicant or
			 licensee to engage in landscaping work. Fitness to engage in landscaping work
			 includes, but is not limited to, the ability to refrain from the violent,
			 threatening, intimidating or sexually predatory behavior. Factors to be
			 considered in suspending, revoking or refusing to issue or renew a license
			 include, but are not limited to, the date of the offense and the circumstances
			 of the crime. In addition, factors relating to rehabilitation, or lack thereof,
			 as evidence by intervening events include, but are not limited to: failure to
			 complete the criminal sentence, including probation or parole; failure to
			 complete court ordered treatment; or failure to pay court ordered
			 restitution.
(2) Upon notice and
			 request from the agency, it will be the duty of an applicant or licensee to
			 provide the requested information in order for the agency to conduct a criminal
			 background check as authorized by ORS
			 671.610(1)(s).
			 Requested information includes, but is not limited to police reports, record of
			 conviction, parole or probation reports, restitution records, counseling
			 reports, and letters of recommendation.
(3) Failure to provide requested information
			 in (2) of this section may result in a suspension, revocation or refusal to
			 issue or renew a license.
Statutory/Other Authority: ORS
				  670.310 &
				  671.670
Statutes/Other Implemented: ORS
				  671.560,
				  671.565,
				  671.610 &
				  671.703
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0500 - Application for modified license

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 An application for a modified phase of landscape construction professional
			 license must be on forms provided by the agency and must be accompanied by:
(a) a non-refundable application
			 fee;
(b) Verification of one (1)
			 year of landscape related experience or alternative experience as required in
			 OAR 808-003-0025;
(c) Documentation of any unpaid court
			 judgment, arbitration award or administrative agency final order entered or
			 issued in any state that requires the applicant to pay damages arising out of
			 the performance of, or a contract for, landscaping work issued on or after
			 January 1, 2008, along with the status of any appeal or exceptions. For
			 purposes of this rule and ORS
			 671.563, "applicant" means the
			 person applying for the individual landscape construction professional
			 license;
(d) Full and complete
			 answers to Licensing and Litigation History and Criminal Background
			 sections;
(e) Social security
			 number of the applicant;
(f)
			 Mailing and physical address of the applicant; and
(g) Signature of applicant. Effective January
			 1, 2020, in lieu of a social security number, a federal individual taxpayer
			 identification number or other federally-issued identification
			 number.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0501 - Scope of work for modified license

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Scope of work
			 for a Modified License holder. A landscape contracting business with a Modified
			 License phase may advertise for or perform the following work:
(a) plan or install lawns, shrubs, vines,
			 trees or nursery stock. This also includes the preparation of the property on
			 which the vegetation is to be installed as defined in OAR
			 808-002-0500;
(b) plan, install, maintain and repair
			 fences, arbors, patios, landscape edging, driveways, walkways;
(c) plan, install, maintain and repair decks
			 if no permit is required; and
(d)
			 grading, when performed in conjunction with the work defined in subsection (1)
			 of this rule. For purposes of the Modified License, grading means incidental to
			 the construction of a landscape feature not to exceed five cubic yards;
			 and
(e) removal of trees, pruning
			 of trees, removal of tree limbs or stumps or to engage in tree or limb guying
			 as provided in ORS 701.005(5)(e).
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0502 - Modified license requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Job Charges. A landscape contracting business with a Modified License phase may
			 only arrange, submit a bid, offer or contract for a landscape job that does not
			 exceed $5,000 whether completed on a time and materials or bid basis. For
			 purposes of this rule "landscape job" means the performance of, bidding on,
			 contracting for, or arranging for landscaping work on a given job site with the
			 same owner in any 12-month period, regardless of the number of contracts or
			 bids submitted.
(2) A landscape
			 contracting business with a Modified License phase may request an increase in
			 its job charge limit from a do not exceed of $5000 to a do not exceed of $6,500
			 and, at the same time, a corresponding increase in its scope of work to include
			 the installation of low voltage lighting. An increase request must be made in
			 writing. An increase request will not be effective until approved by the board.
			 For a job charge increase and additional scope of work to be approved the
			 landscape contracting business must have attained the following status:
(a) been actively licensed for at least
			 twelve (12) months;
(b) not have
			 been assessed any Board issued civil penalty during that twelve (12) month
			 period; and
(c) not have had any
			 claim filed against it that is accepted and within the board's jurisdiction
			 during that twelve (12) month period.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0503 - Change of license category for modified license

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Change of license phase, individual. A
			 modified landscape construction professional license cannot be changed to or
			 include any other phase of license. To change to a different phase of license,
			 the landscape construction professional must obtain a new phase of license by
			 meeting all of the requirements of ORS
			 671.570 and the modified license
			 phase will be terminated.
(2)
			 Change of license phase, business. A modified landscape contracting business
			 license cannot include any other phase of license, but may be changed to
			 another phase of license if the landscape construction professional holding
			 that modified license:
(a) changes to a
			 different phase of license as required in subsection (1) of this rule;
			 or
(b) changes the Modified License
			 status to inactive, voluntarily returns the Modified License for cancellation,
			 or allows the Modified License to expire or employs a different landscape
			 construction professional that holds a different phase of
			 license.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0510 - Application for arborist phase of license

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant for an arborist phase of
			 landscape construction professional license must:
(a) Apply on forms provided by the agency and
			 must be accompanied by:
(A) A non-refundable
			 application fee;
(B) Verification
			 of a current certification with the International Society of Arboriculture
			 (ISA) as a Certified Arborist;
(C)
			 Documentation of any unpaid court judgment, arbitration award or administrative
			 agency final order entered or issued in any state that requires the applicant
			 to pay damages arising out of the performance of, or a contract for,
			 landscaping work issued on or after January 1, 2008, along with the status of
			 any appeal or exceptions. For purposes of this rule and ORS
			 671.563, "applicant" means the
			 person applying for the individual landscape construction professional
			 license;
(D) Full and complete
			 answers to Licensing and Litigation History and Criminal Background
			 sections;
(E) The social security
			 number of the applicant. In lieu of a social security number, a federal
			 individual taxpayer identification number or other federally -issued
			 identification number;
(F) Mailing
			 and physical address of the applicant; and
(G) Signature of applicant.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0511 - Scope of work for arborist phase of license

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Scope of work for an arborist license
			 holder. A landscape contracting business with an arborist license phase may
			 advertise for or perform the following work:
(a) Planning for or installation of trees.
			 This includes the preparation of the property on which the tree is to be
			 installed as defined in OAR
			 808-002-0500.
(b) Grading and drainage, when performed in
			 conjunction with the work defined in subsection (1) of this rule;
(c) Removal of trees, pruning of trees,
			 removal of tree limbs or stumps or to engage in tree or limb guying as provided
			 in ORS 701.005(5)(e)
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0512 - Arborist license requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Subcontracting. A landscape contracting business with an arborist license phase
			 may subcontract work as stated in OAR
			 808-003-0040(3)(b)(4)
			 & (5).
(2) A landscape
			 contracting business with an arborist license phase must comply with all other
			 license requirements of ORS
			 671.520 to
			 671.760 and OAR Chapter 808,
			 including, but not limited to liability insurance, bonding, workers
			 compensation, written contract requirements and address change
			 notification.
(3) A landscape
			 construction professional with an arborist license phase must comply with all
			 other license requirements of ORS
			 671.520 to
			 671.760 and OAR Chapter 808,
			 including, but not limited to direct supervision of unlicensed employees and
			 continuing education.
(4) Change of
			 license category. An arborist landscape construction professional license and
			 landscape contracting business may also include other phases of license,
			 including planting, standard, irrigation and all phase. Prior to the change of
			 license category, the landscape construction professional will be required to
			 meet the qualifications as stated in ORS
			 671.570 including the experience
			 and exam requirements or submit verification of a current certification with
			 the International Society of Arboriculture (ISA) as a Certified Arborist. An
			 arborist phase of license cannot be added to a modified phase of
			 license.
Statutory/Other Authority: ORS
				  670.310 & ORS
				  671.670
Statutes/Other Implemented: ORS
				  671.560
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0610 - Bonds, Generally

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 properly executed Landscape Contractors Board bond must:
(a) Be in the form required by the agency as
			 the Landscape Contractors Board Surety Bond.
(b) Be signed by an authorized agent of the
			 surety or by one having power of attorney; must bear a bond number; and must be
			 filed within the time stated on the bond. Additionally, the agency may require
			 the licensee and surety to use the most recent revision of the surety bond
			 form.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0611 - Letters of Credit or Deposits, Generally

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A properly executed Landscape Contracting
			 Business Assignment of Savings or Deposit must:
(a) Be in the form required by the agency as
			 the Landscape Contracting Business Assignment of Savings Account or Deposit.
(b) Be signed by an owner or
			 officer of the landscape contracting business;
(c) Be signed by an authorized agent of the
			 bank or financial institution or by one having power of attorney and must bear
			 an account number. Additionally, the agency may require the licensee and bank
			 or financial institution to use the most recent revision of the Assignment of
			 Savings Account or Deposit form; and
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0612 - Entity Name Required on Bond, Letter of Credit or Cash Deposit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The name of the
			 entity as it appears on the bond, letter of credit or cash deposit must be the
			 same as the name on the landscape contracting business license application or
			 license of record with the agency and the same entity name filed at the Oregon
			 Corporation Division (if applicable).
(a) If
			 the entity is a sole proprietorship, the bond, letter of credit or cash deposit
			 must include the name of the sole proprietor;
(b) If the entity is a partnership, or joint
			 venture, the bond, letter of credit or cash deposit must include the names of
			 all partners (except limited partners);
(c) If the entity is a limited liability
			 partnership, the bond, letter of credit or cash deposit must be issued in the
			 name of all partners and the name of the limited liability
			 partnership;
(d) If the entity is a
			 limited partnership, the bond, letter of credit or cash deposit must be issued
			 in the name of all general partners and the name of the limited partnership and
			 any other business names(s) used. Limited partners do not need to be listed on
			 the bond, letter of credit or cash deposit;
(e) If the entity is a corporation or trust,
			 the bond, letter of credit or cash deposit must be issued showing the corporate
			 or trust name; or
(f) If the entity
			 is a limited liability company, the bond, letter of credit or cash deposit must
			 be issued in the name of the limited liability company.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0613 - Bond, Letter of Credit or Cash Deposit Amounts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in subsection (2)
			 below, a surety bond, letter of credit or cash deposit required under ORS
			 671.690 must be in one of the
			 following amounts:
(a) $3,000 for an
			 applicant, unless the applicant is described in subsections (b), (c), (d) or
			 (e) of this rule.
(b) $10,000 for
			 an applicant, who not in conjunction with the performance of landscaping work,
			 constructs fences, decks, arbors, patios, landscape edging, driveways, walkways
			 or retaining walls, unless the applicant is made subject to paragraph (c) of
			 this subsection by work on other jobs performed by the applicant.
(c) $10,000 for an applicant who charges more
			 than $10,000, but less than $25,000, for a landscape job.
(d) $15,000 for an applicant who charges
			 $25,000, but less than $50,000 for a landscape job.
(e) $20,000 for an applicant who charges
			 $50,000 or more for a landscape job.
(e) $15,000 for a Probationary All Phase Plus
			 Backflow license phase.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0614 - Effective and Cancellation Dates of the Bond, Letter of Credit or Cash Deposit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The bond
			 effective date is the date as stated on the Landscape Contracting Business
			 Surety Bond form.
(2) The bond
			 shall remain in effect and be continuous until cancelled by the surety or until
			 the landscape contracting business no longer meets the requirements for
			 licensing as determined by the agency, whichever comes first.
(3) A bond may be cancelled by the surety
			 only after the surety has given 30 days' notice to the agency. Cancellation
			 will be effective no less than 30 days after receipt of the cancellation
			 notice.
(4) Upon cancellation of
			 the bond, or cancellation without an authorized release by the agency of a
			 letter of credit or cash deposit the agency may immediately suspend the
			 landscape contracting business as provided for in ORS
			 671.610(2)(a).
(5) The letter of credit or cash deposit
			 effective date is the date the landscape contracting business meets all
			 requirements for licensing or renewal.
(6) The letter of credit or cash deposit
			 shall remain in effect for one year after the expiration, suspension,
			 termination or approval of inactive status and may only be released by the
			 agency.
(7) The bond, letter of
			 credit or cash deposit shall be subject to final orders as described in OAR
			 808-004-0600.
Stat. Auth.: ORS
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.690,
				  671.707 &
				  671.710
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0615 - New Bond, Letter of Credit or Cash Deposit Required for Change in Entity

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a landscape
			 contracting business is licensed as a sole proprietorship, partnership, limited
			 liability partnership, limited partnership, joint venture, corporation, limited
			 liability company, business trust or any other entity and seeks to change the
			 licensed entity to one of the other entity types and a new license is required,
			 the application must be accompanied by a new:
(a) Bond separate from the bond held for the
			 previous entity;
(b) Letter of
			 credit separate from the letter of credit held for the previous entity;
			 or
(c) Cash deposit separate from
			 the previous cash deposit held for the previous entity.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0616 - Restoration of Bond, Letter of Credit or Cash Deposit after Payment on Claim

Current through Register Vol. 63, No. 7, July 1, 2024
If a surety company or financial institution pays all or part
				of a claim against a licensed landscape contracting business, the agency must
				suspend or refuse to issue or reissue the landscape contracting business
				license until the landscape contracting business submits to the agency:
(1) A properly executed bond, letter of
			 credit or cash deposit in the amount required under ORS
			 671.690 and OAR
			 808-003-0613; or
(2) A certificate from the landscape
			 contracting businesses surety company or financial institution that the surety
			 company or financial institution remains liable for the full original penal sum
			 of the bond, letter of credit or cash deposit, notwithstanding the payment from
			 the surety bond letter of credit or cash deposit.
Statutory/Other Authority: ORS
				  670.310 &
				  671.670
Statutes/Other Implemented: ORS
				  671.690
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0620 - Workers' Compensation Insurance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A nonexempt applicant for the landscape
			 contracting business license or renewal shall submit a "Certificate of
			 Insurance" (certificate) from an insurance company authorized to do business in
			 Oregon, as required by ORS
			 671.565 and will continue to
			 meet those insurance requirements for as long as the applicant is licensed. The
			 certificate shall include the name of the insurance company, policy number, and
			 coverage amount.
(2) The name of
			 the entity as it appears on the certificate must be the same as the name on the
			 landscape contracting business license application or license of record with
			 the agency and the same entity name filed at the Oregon Corporation Division
			 (if applicable).
(3) A landscape
			 contracting business must continuously have in effect workers' compensation
			 insurance during the licensing period to maintain an active license if the
			 landscape contracting business has employees.
(4) A new certificate must be on file with
			 the agency prior to the expiration date on the previous certificate. If the
			 policy expires and a new certificate is not received on or before 5 pm on the
			 day of policy expiration and the landscape contracting business has not changed
			 the employer status designation to exempt, the agency may suspend the landscape
			 contracting business license.
(5)
			 Upon cancellation of the workers' compensation insurance required under ORS
			 671.565 the agency may
			 immediately suspend the landscape contracting business license as provided for
			 in 671.610(2)(c).
(6) If a
			 landscape contracting business is licensed as a sole proprietorship,
			 partnership, limited liability partnership, limited partnership, joint venture,
			 corporation, limited liability company, business trust or any other entity and
			 seeks to change the licensed entity to one of the other entity types and a new
			 license is required, the application must be accompanied by a new
			 certificate.
(7) A landscape
			 contracting business that is licensed as exempt and has entered into a contract
			 with a worker leasing company or temporary service provider for the supplying
			 of workers shall provide documentation to the agency within 10 days of entering
			 into the contract that the landscape contracting business has verified the
			 maintenance of the workers' compensation insurance coverage for all employees
			 supplied by the leasing company or temporary service provider for the use of
			 the landscape contracting business. Such verification must also be provided
			 during an investigation or site check or at any other time the agency requests
			 it.
Stat. Auth.: ORS
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.565,
				  671.610 & 2011 OL Ch.
				  283
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0700 - Applications, Generally

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Applications for a landscape construction professional license must be
			 submitted on a form provided by the agency o rthrough the gency's online
			 application portaland must be accompanied by the appropriate fee(s). The act of
			 filing an application with the agency constitutes an agreement by the applicant
			 to observe and comply with the procedures and policies of any exam provider,
			 including, but not limited to deadlines, payment requirements, and review,
			 appeal, or cheating policies.
(2)
			 An application will not be reviewed by the agency until the appropriate fee(s)
			 and all required supporting documents have been received.
(3) Applicants shall pay the application fee.
			 All other fees associated with the exam are required to be paid to the exam
			 provider. Application fees are non-refundable.
(4) If an applicant fails to appear for a
			 scheduled test, all fees paid may be forfeited for the examinations scheduled
			 on that day.
Statutory/Other Authority: ORS
				  671.670
Statutes/Other Implemented: ORS
				  671.561 & ORS
				  671.570
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0710 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Landscape
			 Construction Professional License Application Fee, $170.
(a) $120 Administrative fee; and
(b) $60 per practical skills
			 section.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0720 - Change to Limited Licenses, Generally

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Landscape construction professionals
			 holding limited licenses may change that phase of license by passing additional
			 sections of the exam. Licensees shall register through the National Association
			 of Landscape Professionals (NALP) to take specific specialty sections of the
			 practical skills exam as required in OAR
			 808-003-0910 or obtain their
			 candidate identification number from the agency to register with PSI to take
			 the conventional exam.
(2) To
			 change a license to a Standard license:
(a)
			 Holders of a Sod & Seed License or Tree license must pass:
(A) The following conventional exam sections:
			 Plants and Turf, Design, Grading and Drainage, and Hardscaping, or
(B) The following practical skills exam
			 sections: Common Core, Softscape Installation, and Hardscape Installation;
			 or
(C) A combination of
			 conventional exam sections and practical skills as stated in OAR
			 808-003-0750.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0730 - Passing Scores, Probationary and Owner, Managing Employee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A passing score
			 for an applicant for a Probationary All Phase Plus Backflow license will expire
			 upon expiration of the application as stated in OAR
			 808-003-0030(3).
(2) A passing score of the Laws, Rules, and
			 Business Practice section will remain valid for any applicant that passed this
			 section and has been the managing employee or managing owner of a licensed
			 landscape contracting business within two years; otherwise the scores will
			 remain valid for up to one year from the date of the receipt of an application
			 for licensing.
Stat. Auth.: ORS 671
Stats. Implemented: ORS
				  571
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0740 - Translation of Exam

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to
			 ORS 671.570(3)
			 & ORS 671.617(2) all
			 exams will be given in the English language, unless otherwise requested as
			 required in subsection (2) of this rule.
(2) An applicant must notify the exam
			 provider if they wish to take any section of the exam in Spanish.
Stat. Auth.: ORS 671
Stats. Implemented: ORS
				  671.570
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0760 - Required Identification at Examination Sites

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applicants must apply for the exam with
			 their legal first and last name as it appears on their government issued
			 identification. The required identification as listed in subsection (3) of this
			 rule must match the first and last name under which the applicant has
			 applied.
(2) Applicants are
			 required to bring one (1) form of valid (non-expired), signature-bearing
			 identification to the test site as listed in subsection (3) of this rule. If
			 the applicant fails to bring proper identification or the applicant names do
			 not match, the applicant will not be allowed to test and their examination fee
			 will not be refunded.
(3)
			 Government issued identification must contain applicant's photo, be valid and
			 unexpired, and bear a signature. Government issued identification is a:
(a) State issued driver's license.
(b) State issued identification card.
(c) US government issued passport.
(d) US government issued military
			 identification card.
(e) US
			 government issued Alien Registration Card.
(f) Canadian government issued identification
			 card.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0800 - Conventional Examination Sections

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The exam will consist of the following sections:
(a) Laws, Rules and Business
			 Practice
(b) Plants and
			 Turf;
(c) Design, Grading and
			 Drainage;
(d)
			 Hardscaping;
(e) Irrigation
			 Systems; and
(f) Backflow
			 installation of irrigation and ornamental water feature backflow
			 assemblies.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0810 - Conventional Examination Testing Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in OAR Chapter 808, Division 003
			 the conventional exam as required in ORS
			 671.571 shall be the landscape
			 construction professional license exam that is offered by PSI. An applicaion
			 approved for testing may schedule testing at an approved testing
			 center.
(2) An applicant must pay
			 the exam fee directly to the approved exam provider as stated in OAR
			 808-003-0710(2).
(3) Applicants may bring:
(a) A non-programmable calculator that is
			 silent, battery operated, does not have paper tape printing capabilities, and
			 does not have a keyboard containing the alphabet.
(b) One language translation dictionary or
			 electronic translating device if English is not the first language of the
			 applicant. No notes or writing on or in these translation aids is
			 allowed.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0820 - Scoring of Conventional Examinations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each conventional exam section shall be
			 scored separately.
(2) Based on 100
			 percent, the passing score for a conventional exam shall be 75 percent or
			 higher for each section.
(3) Except
			 as provided in OAR 808-003-0730 a passing score for
			 a conventional exam section shall be validuntil the third December 31st
			 following passage of that exam section.An applicant who fails to pass all the
			 sections required for a particular license phase and obtain that license
			 phaseby the third December 31st following passage of any exam sectionshall
			 retake that section.
(4) A passing
			 score for a conventional exam section shall be valid until the third December
			 31st following passage of that exam section. An applicant who fails to pass all
			 the sections required for a particular license phase and obtain that license
			 phase by the third December 31st following passage of any exam sectionshall
			 retake that section.
Statutory/Other Authority: ORS
				  671.670
Statutes/Other Implemented: ORS
				  671.570
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0830 - Conventional Examination Retakes

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 An applicant wanting to retake any conventional exam section must schedule
			 testing at an approved testing center in Oregon or in another jurisdiction as
			 stated in OAR 808-003-0810.
(2) An applicant must pay the exam fee
			 directly to the approved testing center.
Statutory/Other Authority: ORS
				  671.670
Statutes/Other Implemented: ORS
				  671.570
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0840 - Appeal of Conventional Exam Results

Current through Register Vol. 63, No. 7, July 1, 2024
An applicant who fails any section of the conventional exam may
				not appeal those results to the agency.
Statutory/Other Authority: ORS
				  671.670
Statutes/Other Implemented: ORS
				  671.570
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0850 - Cheating on the Exam

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant
			 who is caught cheating during the examination:
(a) May not receive a result for any sections
			 of the exam for the current sitting;
(b) Will forfeit the exam fee;
(c) May not retake any sections of the exam
			 for 30 days; and
(d) Must submit a
			 new exam fee.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0900 - Practical Skills Testing, Generally

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in OAR Chapter 808, Division 003
			 the practical skills exam as required in ORS
			 671.561 shall be the Exterior
			 Technician Exam that is owned and governed by the National Association of
			 Landscape Professionals (NALP).
(2)
			 The practical skills exam will consist of specific sections of the Exterior
			 Technician Exam as stated in OAR
			 808-003-0920.
(3) To obtain a specific phase of a landscape
			 construction professional license by taking only the practical skills exam, an
			 application must:
(a) Pass all sections as
			 required in OAR 808-003-0920; and
(b) Pass the conventional Backflow exam
			 section for an all phase or irrigation phase of license; and
(c) Pass the Laws, Rules & Business
			 Practices exam section of the conventional exam or complete the business class
			 required in ORS 671.561(6) and
			 OAR 808-003-0980.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0910 - Registration for the Practical Skills Exam

Current through Register Vol. 63, No. 7, July 1, 2024
An applicant that wishes to take the practical skills exam must
				register through the National Association of Landscape Professionals
				(NALP).
Statutory/Other Authority: ORS
				  671.670
Statutes/Other Implemented: ORS
				  671.561
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0920 - Practical Skills Exam Sections

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Specific exam sections of the practical
			 skills exam must be passed to obtain a landscape construction professional
			 license for a Planting, Standard, All Phase, or Irrigation phase of
			 license.
(2) The Backflow section
			 shall remain a conventional examination and is not available to be taken
			 through the National Association of Landscape Professionals (NALP).
(3) The practical skills exam sections will
			 consist of the following:
(a) Common
			 Core
(b) Softscape
			 Installation;
(c) Hardscape
			 Installation; and
(d)
			 Irrigation.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0930 - Scoring of Practical Skills Exam Sections

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each practical skills exam section will
			 be scored separately.
(2) Pursuant
			 to ORS 671.561, the passing score for a
			 practical skills exam shall be determined by the National Association of
			 Landscape Professionals (NALP).
(3)
			 Except as provided in OAR
			 808-003-0730 a passing score for
			 a practical skills exam section shall be valid until the third December 31st
			 following passage of that exam section. An applicant who fails to pass all the
			 sections required for a particular license phase and obtain that license phase
			 by the third December 31st following passage of that section shall retake that
			 section.
Statutory/Other Authority: ORS
				  671.670
Statutes/Other Implemented: ORS
				  671.561
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0940 - Practical Skills Exam Retakes

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 An applicant wanting to retake any practical skills exam sections must schedule
			 testing by registering with the exam provided as stated in OAR
			 808-003-0910.
(2) An applicant must pay the exam fee as
			 required in OAR 808-003-0710 to retake any
			 sections of the exam.
Statutory/Other Authority: ORS
				  671.670
Statutes/Other Implemented: ORS
				  671.561
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0960 - Transfer and Conversion of Exam Scores

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To be considered equivalent to passing
			 the Plants & Turf and Design, Grading & Drainage conventional exam
			 sections, an applicant must pass the following practical skills exam sections:
(a) Common Core; and
(b) Softscape Installation.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0970 - Appeal of Practical Skills Exam Results

Current through Register Vol. 63, No. 7, July 1, 2024
An applicant who fails any practicalskills exam section may not
				appeal those results to the agency.
Statutory/Other Authority: ORS
				  671.670
Statutes/Other Implemented: ORS
				  671.561
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0980 - Business Practices Class Requirement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant who wishes to obtain a
			 landscape construction professional license through the practical skills exam
			 may take a board approved class on landscape contracting business practices in
			 lieu of the conventional Laws, Rules & Business Practices exam.
(2) The business class must be completed
			 within two years prior to obtaining the landscape construction professional
			 license or the class will need to be retaken.
Statutory/Other Authority: ORS
				  671.670
Statutes/Other Implemented: ORS
				  671.561
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0985 - Business Practices Class

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 class required in ORS
			 671.561(6)
			 shall cover the subjects listed in OAR
			 808-003-0990
(2) The class must be offered by the LCB or a
			 provider approved by the agency as provided in OAR 808-030-0990.
Statutory/Other Authority: ORS
				  671.670
Statutes/Other Implemented: ORS
				  671.561
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0990 - Requirements of Provider of Business Practices Class

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order for individuals or organizations
			 to be listed as a provider of the board approved business practices class the
			 individual or organization must submit an application to the agency on forms
			 provided by the agency.
(2) All
			 providers must receive written agency approval prior to offering or providing
			 the class.
(3) A provider must
			 comply at all times with the following requirements:
(a) The provider will use agency-approved
			 course materials;
(b) The provider
			 will send electronic records of completion to the agency within 14 days in a
			 format approved by the agency and keep records of completion for a minimum of
			 two years;
(c) The provider will
			 communicate law changes and program procedural changes received from the agency
			 to the provider's instructors and will implement these changes within 30
			 calendar days;
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 3 - LICENSES › Section 808-003-0995 - Business Practices Class Material and Subjects

Current through Register Vol. 63, No. 7, July 1, 2024
The class required under ORS
				671.561(6) must
				consist of the following subjects:
(1)
			 License Requirements;
(2)
			 Insurance/Bonding;
(3) Employment
			 Law;
(4) Contracts;
(5) Supervision;
(6) Claims/Dispute Resolution;
(7) Lien Law;
(8) Building Codes/Permits;
(9) Safety/Hazard Communication;
(10) Communications;
(11) Estimating.
Stat. Auth.: ORS 671
Stats. Implemented: ORS
				  671.561
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 4 - CLAIMS › Section 808-004-0120 - Liability of Landscape Contracting Business

Current through Register Vol. 63, No. 7, July 1, 2024
A licensed landscape contracting business participating in a
				corporation wholly-owned by the landscape contracting business, or a limited
				liability partnership, limited liability company, joint venture, limited
				partnership or partnership, may be held liable for claim actions brought under
				ORS 671.690 to
				671.710, whether or not the
				corporation, limited liability partnership, limited liability company, joint
				venture, limited partnership or partnership was licensed as required by ORS
				chapter 671.
Stat. Auth.: ORS
				  183.310 -
				  183.500,
				  670.310 & 671
Stats. Implemented: ORS 671.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 4 - CLAIMS › Section 808-004-0160 - Establishment of Co-Claimant

Current through Register Vol. 63, No. 7, July 1, 2024
The agency may allow a person to become a co-claimant, with the
				claimant's permission and if the person otherwise qualifies as a claimant, even
				if the co-claimant did not sign the Statement of Claim form.
Stat. Auth.: ORS 183,
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  183.455 &
				  671.703
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 4 - CLAIMS › Section 808-004-0180 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 183,
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  183.415,
				  183.460 &
				  671.703
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 4 - CLAIMS › Section 808-004-0195 - Exhibits

Current through Register Vol. 63, No. 7, July 1, 2024
If a party to a claim submits a document that is larger than
				8-1/2 inches by 14 inches or a photograph as an exhibit, the agency may require
				that the party submit four copies of the document or photo.
Stat. Auth.: ORS
				  36, 87, 183, 670,
				  671.670, HB 2279, Ch. 598,
				  OL
Stats. Implemented: ORS
				  36, 87, 183,
				  671
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 4 - CLAIMS › Section 808-004-0211 - Address of Claimant and Respondent

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Initial notice
			 of a contested case or arbitration directed to the last known address of record
			 of a party to a claim shall be considered delivered when deposited in the
			 United States mail and sent registered or certified or post office receipt
			 secured.
(2) All other
			 communication directed to the last known email address of record or mailing
			 address of record of a party to a claim shall be considered delivered when sent
			 by email or deposited in the United States mail and sent by regular mail. The
			 last known address of a claimant means the email address or mailing address
			 provided by the claimant in writing to the agency when the claim was initially
			 filed or as a change of address as stated in subsection (3). The last known
			 address of the respondent has the same meaning as stated in OAR
			 808-002-0540.
(3) A party must notify the agency in writing
			 within 10 days of any change in the party's mailing or email address,
			 withdrawal or change of the party's attorney, or change of mailing or email
			 address of the party's attorney during the processing of the claim and until 90
			 days after the date the agency notifies the parties that the claim is
			 closed.
Statutory/Other Authority: ORS
				  670.310 & ORS
				  671.670
Statutes/Other Implemented: ORS
				  671.603
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 4 - CLAIMS › Section 808-004-0240 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 183,
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  183.415,
				  183.460,
				  671.690,
				  671.703 &
				  671.710
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 4 - CLAIMS › Section 808-004-0250 - Exclusion of Certain Damages from Award

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in section (2) of this
			 rule and subject to OAR
			 808-008-0420, an order of the
			 board or arbitration award for monetary damages in a claim, including but not
			 limited to an order of the Board arising from a court judgment, award or
			 decision by a court, arbitrator or other entity may not include an award for:
(a) Attorney fees;
(b) Court costs;
(c) Interest;
(d) Costs to pursue litigation or the
			 claim;
(e) Service charges or fees;
			 or
(f) Other damages not directly
			 related to negligent or improper work under the contract or breach of the
			 contract that is the basis of the claim.