reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 8 - ARBITRATION BY THE AGENCY › Section 808-008-0430 - Form of Petition to Modify or Correct an Award

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A petition to modify or correct an award
			 filed by a party to an arbitration under OAR
			 808-008-0425 shall conform to
			 the following requirements:
(a) The petition
			 shall be typed or legibly printed on 8-1/2 by 11" sheets of paper.
(b) The first page of the petition shall be
			 titled "Petition to modify or correct an Arbitration Award" and shall show the
			 names of the parties to the arbitration and the party submitting the petition
			 at the top of the page. If the petition is filed in a claim, the first page
			 shall show the claim number.
(c)
			 Each page of the petition shall be numbered at the bottom of the
			 page.
(d) For each modification or
			 correction sought by petitioner, the following information should be included
			 in the petition:
(A) The page or pages that
			 petitioner asks to be modified or corrected;
(B) The text that petitioner asks to be
			 modified or corrected; and
(C) An
			 explanation or argument supporting petitioner's request for the modification or
			 correction.
(e) The
			 party submitting the petition shall sign and date the petition. The date shall
			 be the date the petition is served on the arbitrator and on the other parties
			 to the arbitration.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 8 - ARBITRATION BY THE AGENCY › Section 808-008-0440 - Payments from Licensee's Bond

Current through Register Vol. 63, No. 7, July 1, 2024
If an award or amended award requires payment by a licensee and
				the licensee fails to pay the award, the award is payable from the surety bond
				or deposit of the business to the extent payment is authorized under ORS
				671.710. Payments from the bond
				or deposit shall be subject to the laws in ORS chapter 671 and rules in
				division 4 of this chapter, including but not limited to OAR
				808-004-0600.
Stat. Auth.: ORS
				  183.310 -
				  183.500,
				  670.310 &
				  671.670
Stats. Implemented: ORS 183,
				  671.703,
				  671.707 &
				  671.710
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 8 - ARBITRATION BY THE AGENCY › Section 808-008-0460 - Filing with Court; Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A party may petition the court to confirm
			 an award under ORS 36.700. The petitioning party
			 shall serve the agency with a copy of a petition filed under this
			 section.
(2) A party may petition
			 the court to vacate, modify or correct an award under ORS
			 36.705 or
			 36.710. The petitioning party
			 shall serve the agency with a copy of the petition filed under this
			 section.
(3) Failure of a party to
			 serve the agency under section (2) and (3) of this rule constitutes a waiver of
			 any objection to transmittal of the award to respondent's surety company for
			 payment under OAR 808-004-0600
Stat. Auth.: ORS
				  183.310 -
				  183.500,
				  670.310 &
				  671.670
Stats. Implemented: ORS 183 &
				  671.703
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 8 - ARBITRATION BY THE AGENCY › Section 808-008-0480 - Interpretation and Application of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
The arbitrator shall interpret and apply these rules insofar as
				they relate to the arbitrator's powers. All other rules shall be interpreted
				and applied by the agency administrator or a person designated by the agency
				administrator.
Stat. Auth.: ORS
				  183.310 - ORS
				  183.500, ORS
				  670.310 & ORS
				  671.670
Stats. Implemented: ORS 183 & ORS
				  671.703(3)
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 8 - ARBITRATION BY THE AGENCY › Section 808-008-0500 - Immunity of Arbitrator

Current through Register Vol. 63, No. 7, July 1, 2024
Immunity of arbitrator and the Office of Administrative
				Hearings are subject to ORS
				36.660(1) to
				(3).
Stat. Auth.: ORS
				  183.310 -
				  183.500,
				  670.310 &
				  671.670
Stats. Implemented: ORS 183 &
				  671.703
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 8 - ARBITRATION BY THE AGENCY › Section 808-008-0511 - Competency of Arbitrator to Testify

Current through Register Vol. 63, No. 7, July 1, 2024
Competency of an arbitrator to testify and produce records is
				subject to ORS 36.660(4).
Stat. Auth.: ORS
				  183.310 -
				  183.500,
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.703
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 8 - ARBITRATION BY THE AGENCY › Section 808-008-0521 - Attorney Fees and Costs

Current through Register Vol. 63, No. 7, July 1, 2024
If a person commences a civil action against an arbitrator, the
				Office of Administrative Hearings or a representative of the Office of
				Administrative Hearings, arising from the services of the arbitrator, the
				Office of Administrative Hearings or a representative of the Office of
				Administrative Hearings or if a person seeks to compel an arbitrator or
				representative of the Office of Administrative Hearings to testify or produce
				records in violation of OAR 808-008-0-510, the court may award attorney fees
				and costs as provided in ORS
				36.660(5).
Stat. Auth.: ORS
				  183.310 -
				  183.500,
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.703
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 9 - CONTESTED CASE HEARINGS AND APPEAL COMMITTEE › Section 808-009-0010 - Application of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
Contested case hearings on claims arising under ORS
				671.690-671.710 shall be governed by OAR
				808-009-0020 through
				808-009-0220 and
				137-003-0501 through
				137-003-0700.
Stat. Auth.: ORS
				  670.310 & ORS
				  671.670
Stats. Implemented: ORS
				  183.415 & ORS
				  671.703
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 9 - CONTESTED CASE HEARINGS AND APPEAL COMMITTEE › Section 808-009-0020 - Amendment to Declaration of Damages

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the agency refers a claim to the
			 Office of Administrative Hearings for a hearing on the amount that the
			 respondent owes the claimant, the claimant may amend the amount the claimant
			 alleges the respondent owes the claimant by filing an amended declaration of
			 damages form. An amended declaration of damages must be delivered to the
			 administrative law judge or Office of Administrative Hearings as required by
			 OAR 137-003-0520 and
			 808-009-0085. An amended
			 declaration of damages filed under this section must be received by the
			 administrative law judge or the Office of Administrative Hearings no later than
			 14 days prior to the scheduled date of a hearing on the matter.
(2) An amended declaration of damages filed
			 under section (1) of this rule must be on a form provided by the agency or on a
			 form that substantially conforms to the form provided by the agency. The
			 amended declaration of damage must state the amount alleged to be owed by the
			 respondent, limited to items of complaint in the Statement of Claim. The
			 amended declaration of damages must be signed by the claimant.
(3) An amended declaration of damages making
			 a significant change in the amount the claimant alleges that the respondent
			 owes the claimant may be good cause to postpone the scheduled hearing under OAR
			 137-003-0525 if the time left
			 before the hearing is insufficient to prepare for a hearing on the amended
			 amount.
Stat. Auth.: ORS 183,
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  183.415 &
				  671
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 9 - CONTESTED CASE HEARINGS AND APPEAL COMMITTEE › Section 808-009-0050 - Providing Required Information to Parties

Current through Register Vol. 63, No. 7, July 1, 2024
The agency delegates to the Office of Administrative Hearings
				or the law judge assigned to hear a claim the responsibility to provide the
				information required to be given to each party under ORS
				183.413(2) and
				137-003-0510(1).
Stat. Auth.: ORS
				  670.310 & ORS
				  671.670
Stats. Implemented: ORS
				  183.415 & ORS
				  671.703
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 9 - CONTESTED CASE HEARINGS AND APPEAL COMMITTEE › Section 808-009-0060 - Hearing Postponement

Current through Register Vol. 63, No. 7, July 1, 2024
If a party requests postponement of a hearing, the request may
				be granted:
(1) The request is
			 promptly made after the party receives the notice of hearing or is promptly
			 made after emergency or unforeseen circumstances arise; and
(2) The party establishes circumstances that
			 prevent attendance by the party at the scheduled hearing; and
(3) The circumstances preventing attendance
			 at the hearing are beyond the reasonable control of the requesting
			 party.
Stat. Auth.: ORS
				  183.415, ORS
				  670.310 & ORS
				  671.670
Stats. Implemented: ORS 183 & ORS
				  671
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 9 - CONTESTED CASE HEARINGS AND APPEAL COMMITTEE › Section 808-009-0070 - Suspending Processing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 administrative law judge may suspend or cancel a hearing at any time if the
			 administrative law judge finds that the nature or complexity of the issues is
			 such that a court is a more appropriate forum for adjudication. If a
			 administrative law judge suspends or cancels a hearing under this rule, the
			 administrative law judge shall refer the claim to the agency with a memorandum
			 recommending that processing of the claim be suspended under ORS
			 671.703 and OAR
			 808-004-0520 and stating the
			 basis of the recommendation. A copy of this memorandum shall be served on the
			 parties.
(2) If a claim is referred
			 to the agency under section (1) of this rule, the agency may:
(a) Suspend processing the claim;
			 or
(b) Refer the claim back to the
			 administrative law judge with instructions to resume the hearing.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 9 - CONTESTED CASE HEARINGS AND APPEAL COMMITTEE › Section 808-009-0080 - Administrative Law Judge

Current through Register Vol. 63, No. 7, July 1, 2024
A contested case hearing may be held before an administrative
				law judge of the agency.
Stat. Auth.: ORS 183, ORS
				  670.310 & ORS
				  671.670
Stats. Implemented: ORS 183 & ORS
				  671
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 9 - CONTESTED CASE HEARINGS AND APPEAL COMMITTEE › Section 808-009-0085 - Filing of Documents

Current through Register Vol. 63, No. 7, July 1, 2024
Unless otherwise provided in these rules, the agency waives the
				right to receive copies of documents served under OAR
				137-003-0520(2).
Stat. Auth.: ORS
				  670.310 & ORS
				  671.670
Stats. Implemented: ORS
				  183.415 & ORS
				  671.703
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 9 - CONTESTED CASE HEARINGS AND APPEAL COMMITTEE › Section 808-009-0090 - Authorized Representation of a Party

Current through Register Vol. 63, No. 7, July 1, 2024
A party or limited party participating in a claim contestedcase
				hearing before the agency may be represented by an authorized representative,
				as provided in OAR 137-003-0555.
Stat. Auth.: ORS 183, ORS
				  670.310 & ORS
				  671.670
Stats. Implemented: ORS
				  183.455
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 9 - CONTESTED CASE HEARINGS AND APPEAL COMMITTEE › Section 808-009-0095 - Discovery and Subpoenas

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 agency delegates to the hearing officer assigned to hear a claim the authority
			 to:
(a) Order and control discovery under OAR
			 137-003-0570 related to the
			 hearing on the claim, except an hearing officer may not authorize a party to
			 take a deposition that must be paid for by the agency.
(b) Issue subpoenas under OAR
			 137-003-0585 that are related to
			 the hearing on the claim.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 9 - CONTESTED CASE HEARINGS AND APPEAL COMMITTEE › Section 808-009-0100 - Burden of Proof and Failure to Meet Burden

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A claimant must submit sufficient
			 credible evidence into the record to prove that:
(a) The claimant suffered damages;
(b) Respondent caused those damages by
			 performing negligent or improper work or a breach of contract in performing
			 work subject to ORS 671.510 to
			 671.710; and
(c) The monetary value of those damages is
			 substantiated on the record.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 9 - CONTESTED CASE HEARINGS AND APPEAL COMMITTEE › Section 808-009-0120 - Determination of Validity of Claim

Current through Register Vol. 63, No. 7, July 1, 2024
In determining the validity of the claim, the administrative
				law judge shall determine:
(1) Whether
			 the claim arose out of a transaction within the scope of ORS
			 671.510 to
			 671.710;
(2) Whether the agency has jurisdiction over
			 the matters at issue;
(3) Whether:
(a) Claimant suffered damages;
(b) Respondent caused those damages by
			 performing negligent or improper work or a breach of contract in performing
			 work subject to ORS 671.510 to
			 671.710; and
(c) The monetary value of those damages is
			 substantiated on the record.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 9 - CONTESTED CASE HEARINGS AND APPEAL COMMITTEE › Section 808-009-0140 - Failure to Appear

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Order"
			 as used in this rule means a proposed and final order a law judge is authorized
			 to issue under OAR 808-009-00160.
(2) If the administrative law judge notified
			 the parties to a claim of the time and place of a hearing on the claim, and a
			 party failed to appear at the hearing, the administrative law judge may enter
			 an order by default under OAR
			 137-003-0670(1)(c)
			 that :
(a) Is adverse to a party only upon a
			 prima facie case made on the record as required by OAR
			 137-003-0670(3);
			 or
(b) Dismisses the claim based on
			 a lack of evidence in the record supporting claimant's claim, but only if:
(A) The agency did not designate the agency
			 file as the record for purposes of an order by default in the contested case
			 notice issued under OAR
			 808-004-0560; and
(B) The claimant failed to appear at the
			 hearing.
Authorized for use by Attorney General order dated December 13,
				2002. (Section (1) based on former OAR 808-004-0030(13) (1999); section (2)
				based on former OAR 808-004-0030(14) (1999))
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 9 - CONTESTED CASE HEARINGS AND APPEAL COMMITTEE › Section 808-009-0160 - Order Based on Hearing, Limitation on Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Order" as used in sections (2) to (5) of
			 this rule means a proposed and final order a administrative law judge is
			 authorized to issue under section (6) of this rule.
(2) If a claim is referred for a hearing to
			 determine the amount, if any, that a respondent owes a claimant, the
			 administrative law judge may not issue an order in an amount greater than the
			 total amount claimant alleges respondent owes claimant in:
(a) The most recent declaration of damages or
			 amended declaration of damages filed under OAR
			 808-004-0540,
			 808-004-0550 or
			 808-009-0020; or
(b) The Statement of Claim filed under OAR
			 808-004-0340, if no declaration
			 of damages was filed.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 9 - CONTESTED CASE HEARINGS AND APPEAL COMMITTEE › Section 808-009-0180 - Recording of Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
The record of agency hearings will include a tape recording of
				the proceeding. The agency may dispose of tape recordings of agency hearings
				when ninety days have passed after issuance of a final order in the matter.
				However, if a petition for judicial review is timely filed, the agency may not
				dispose of tape recordings of agency hearings until the Court of Appeals has
				completed its judicial review.
Stat. Auth.: ORS 183, ORS
				  670.310 & ORS
				  671.670
Stats. Implemented: ORS
				  183
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 9 - CONTESTED CASE HEARINGS AND APPEAL COMMITTEE › Section 808-009-0200 - Final Order without a Proposed Order

Current through Register Vol. 63, No. 7, July 1, 2024
If the parties voluntarily agree to a settlement of a claim in
				accordance with ORS 183.415(5) and
				the settlement agreement includes an agreement for future performance, the
				administrative law judge shall issue an intermediate order containing any
				necessary findings of fact and return the claim to the agency for further
				processing and issuance of the final order.
Stat. Auth.: ORS
				  670.310, & ORS
				  671.670
Stats. Implemented: ORS 183 & ORS
				  671
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 9 - CONTESTED CASE HEARINGS AND APPEAL COMMITTEE › Section 808-009-0220 - Petition for Reconsideration or Rehearing; Request for Stay

Current through Register Vol. 63, No. 7, July 1, 2024
A petition for reconsideration or rehearing under OAR
				137-003-0675 or a request for a
				stay under OAR 137-003-0690 of a final order on
				a claim issued by an administrative law judge under this division must be filed
				with the agency.
Stat. Auth.: ORS
				  670.310 & ORS
				  671.670
Stats. Implemented: ORS
				  183.415 & ORS
				  671.703
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 9 - CONTESTED CASE HEARINGS AND APPEAL COMMITTEE › Section 808-009-0300 - Hearing Notice and Limitation on Final Civil Penalty Order

Current through Register Vol. 63, No. 7, July 1, 2024
A notice of hearing shall contain the amount of the civil
				penalty sought by the agency. The administrative law judge shall not issue a
				final civil penalty order in an amount greater than that shown in the notice of
				hearing.
Stat. Auth.: ORS 183, ORS
				  670.310 & ORS
				  671.670
Stats. Implemented: ORS
				  183.415
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 9 - CONTESTED CASE HEARINGS AND APPEAL COMMITTEE › Section 808-009-0315 - Hearing Request and Answers; Consequences of Failure to Answer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A hearing
			 request and answer must be made in writing to the board by the party or the
			 party's attorney within 60 days of the board's issuance of a notice of license
			 denial and within 21 days of the board's issuance of any other notice.
(2) Failure to raise an
			 affirmative defense in the answer shall be considered a waiver of such defense.
			 New matters alleged in the answer (affirmative defenses) shall be presumed
			 denied by the Board.
(3) Evidence
			 at a hearing shall not be taken on any issue not raised in the notice and
			 answer.
(4) The party or party's
			 attorney may amend the response and answer, but no later than 10 days before
			 the scheduled contested case hearing.
(5) For certain complex cases, the hearing
			 request and answer must include specific elements. The types of cases that for
			 which a special hearing request and answer are required are:
(a) Unlicensed performance of landscaping
			 work as a landscape construction professional or operating as a landscape
			 contracting business;
(b)
			 Unlicensed advertisement or representation of a landscape contracting business
			 or landscape construction professional;
(c) Violations of failure to comply with ORS
			 671.510 to
			 671.760 and/or OAR chapter 808.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 9 - CONTESTED CASE HEARINGS AND APPEAL COMMITTEE › Section 808-009-0320 - Administrative Law Judge; Entry of Agency Evidence

Current through Register Vol. 63, No. 7, July 1, 2024
Contested case enforcement hearings may be held before an
				administrative law judge of the agency. The agency's evidence may be entered
				into the record by the administrative law judge or by another representative of
				the agency.
Stat. Auth.: ORS 183, ORS
				  670.310 & ORS
				  671.670
Stats. Implemented: ORS
				  183.415
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 9 - CONTESTED CASE HEARINGS AND APPEAL COMMITTEE › Section 808-009-0335 - Authorized Representation of a Party

Current through Register Vol. 63, No. 7, July 1, 2024
A party or limited party participating in an enforcement
				contested case hearing before the agency may be represented by an authorized
				representative, as provided in OAR
				137-003-0008.
Stat. Auth.: ORS 183, ORS
				  670.310 & ORS
				  671.670
Stats. Implemented: ORS
				  183.455
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 9 - CONTESTED CASE HEARINGS AND APPEAL COMMITTEE › Section 808-009-0340 - Agency Representation by Officer or Employee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Subject to the approval of the Attorney
			 General as provided in ORS
			 183.452, agency officers and
			 employees may appear, but not make legal argument, on behalf of the agency in
			 the following types of hearings conducted by the agency:
(a) Hearings involving the possible
			 imposition of civil penalties for violations of statutes or
			 regulations;
(b) Hearings involving
			 refusal to issue, refusal to renew or suspension, where the license would be
			 issued or renewed or the suspension lifted upon correction of the deficiency or
			 payment of the penalty;
(c)
			 Hearings involving a refusal to issue, refusal to renew or suspension of a
			 license for failure to pay a civil penalty, failure to pay a claim or for
			 violations of employer status regulations, including ORS Chapters 656, 657 and
			 316, where the license would be issued or renewed or the suspension lifted upon
			 correction of the deficiency or payment of the penalty;
(d) Hearings involving the placement of a
			 licensee on probation and for hearings involving suspension, revoking or
			 refusal to renew for failing to fulfill the terms of the probation per ORS
			 671.614;
(e) Hearings involving suspensions without
			 prior hearing as stated in ORS
			 671.610(2),
			 where the suspension would be lifted upon correction of the deficiency or
			 payment of the penalty; and
(f) In
			 other compliance hearings as approved in writing by the Attorney General on an
			 individual case basis.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 9 - CONTESTED CASE HEARINGS AND APPEAL COMMITTEE › Section 808-009-0400 - Exceptions to Agency Orders, Claims

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After a contested case claim hearing,
			 claimant or licensee may file written exceptions if they believe that the
			 administrative law judge has made a procedural error or that the proposed order
			 is not supported by evidence received at the hearing.
(2) To be considered:
(a) The first exceptions must be received by
			 the agency within 21 days of the date of mailing the proposed order.
(b) If one party files timely exceptions,
			 exceptions by the opposing party, if that party chooses to file them, must be
			 received by the agency within 14 days after the date the agency mails a copy of
			 the first exceptions to the opposing party.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 9 - CONTESTED CASE HEARINGS AND APPEAL COMMITTEE › Section 808-009-0420 - Exceptions to Agency Orders, Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After a contested case enforcement
			 hearing, the respondent may file written exceptions if the respondent does not
			 believe the proposed order is supported by the evidence received at the
			 hearing. To be considered, exceptions must be received by the agency within 21
			 days of the date of mailing of the proposed order. If written exceptions are
			 not timely received, the agency may issue a final order as proposed.
(2) Exceptions must substantially conform to
			 the requirements of OAR
			 808-009-0430.
(3) If exceptions are timely received, the
			 matter will be set for consideration by the Board at a regular meeting of the
			 Board. Written argument in opposition to the proposed order will be accepted up
			 to 15 days before the Board meeting date if the original exceptions were timely
			 received. The Board may waive the 15-day requirement.
(4) The respondent may appear before the
			 Board to argue against the proposed order, if the agency receives written
			 notice of intent to do so before the Board meeting date. Oral argument will be
			 permitted only if the original exceptions were timely received.
Stat. Auth.: ORS 183, ORS
				  670.310 & ORS
				  671.670
Stats. Implemented: ORS
				  183.413 - ORS
				  183.470
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 9 - CONTESTED CASE HEARINGS AND APPEAL COMMITTEE › Section 808-009-0430 - Form of Exceptions to Agency Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Exceptions to an agency order filed by a
			 party to a claim under OAR
			 808-009-0400 or a respondent
			 under 808-009-0420 shall conform to
			 the following requirements:
(a) Exceptions
			 shall be typed or legibly printed on 8-1/2 by 11" sheets of paper.
(b) The first page of the exceptions must be
			 titled "Exceptions to Proposed Order." If the exceptions are filed in a claim,
			 the first page shall show the claim number, the names of the parties to the
			 claim and the party submitting the exceptions at the top of the page. If the
			 exceptions are filed in an enforcement action, the first page shall show the
			 name of the respondent at the top of the page.
(c) Each page of the exceptions shall be
			 numbered at the bottom of the page.
(d) For each finding of fact in the proposed
			 order that the party alleges is not supported by the evidence in the record the
			 following information shall be included in the exceptions:
(A) The pages on which the finding of fact
			 appear and the number, if any of the finding of fact;
(B) The text of the finding of fact;
			 and
(C) An explanation or argument
			 supporting the party's contention that the evidence in the record does not
			 support the finding of fact.
(e) For each conclusion in the proposed order
			 that the party alleges is based on an erroneous interpretation or application
			 of a statute or administrative rule or is contrary to an appellate court
			 decision the following information must be included in the exceptions:
(A) The pages on which the conclusion and the
			 opinion that supports it appear;
(B) The text of the conclusion; and
(C) An explanation or argument supporting the
			 party's contention that the conclusion is based on an erroneous interpretation
			 or application of a statute or administrative rule or is contrary to an
			 appellate court decision.
(f) For each procedural error committed by
			 the administrative law judge that the party contends directly affected the
			 decision in the proposed order in a manner prejudicial to the party the
			 following information shall be included in the exceptions:
(A) A description of the procedural error;
			 and
(B) An explanation or argument
			 supporting the party's contention that the procedural error affected the
			 decision and was prejudicial to the party filing the exceptions.
(g) If the party intends to rely
			 on oral testimony at the hearing, a notification that the party intends to rely
			 on oral testimony shall be included in the exceptions.
(h) The party submitting the exceptions shall
			 sign and date the exceptions.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 9 - CONTESTED CASE HEARINGS AND APPEAL COMMITTEE › Section 808-009-0440 - Meeting of Board to Consider Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Claimant and respondent may appear before
			 the members of the Board to argue for or against the proposed order.
(2) The Board may limit the time allowed for
			 oral argument by a party before the Board to ten minutes.
(3) At the Board meeting, the Board will
			 consider documentary evidence received at the hearing and exceptions and
			 written or oral argument for or against the proposed order, but the Board will
			 not consider new or additional evidence.
(4) After hearing oral argument, the Board
			 may conduct its deliberations privately, under authority of ORS
			 192.690(1). If
			 the Board conducts its deliberations privately, it will return to public
			 meeting for any motions and voting.
(5) The Board may affirm the findings and
			 proposed order, modify either or both, or send the case back to a new hearing
			 to receive additional evidence. Unless the case is sent back to a new hearing,
			 the agency shall issue a final order after the Board meeting.
(6) Final orders are subject to judicial
			 review as provided under ORS chapter 183.
Stat. Auth.: ORS 183, ORS
				  670.310 & ORS
				  671.670
Stats. Implemented: ORS
				  183.413 - ORS
				  183.470
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 30 - OWNER/ MANAGING EMPLOYEE, COURSE, AND TESTING › Section 808-030-0010 - Owner/Managing Employee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in
			 these rules, a managing employee has that meaning as provided in OAR
			 808-002-0625 and owner has the
			 meaning as provided in
			 808-002-0734
(2) Upon initial application, an applicant
			 for a landscape contracting business license shall designate at least one
			 managing employee or owner and provide evidence that this individual has
			 completed the course and passed the test as provided for in ORS
			 671.595.
(3) An employee who is not an owner may not
			 be designated as the managing employee of more than one landscape contracting
			 business.
Stat. Auth.: ORS
				  670.310,
				  671.670
Stats. Implemented: 2007 OL Ch.
				  249
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 30 - OWNER/ MANAGING EMPLOYEE, COURSE, AND TESTING › Section 808-030-0015 - Managing Employee Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An employee that is designated as the
			 managing employee of a landscape contracting business must:
(a) Be a employee of the landscape
			 contracting business.
(b) Manages
			 the day to day activities of the landscape operations of the landscape
			 contracting business which would include but not be limited to:
(A) Planning, bidding and offering
			 landscaping work,
(B) Writing and
			 signing contracts for landscaping work,
(C) Hiring and firing of employees who
			 perform landscaping work,
(D)
			 Signing of checks for payments of labor or materials associated with
			 landscaping work, and
(E)
			 Organizing, scheduling, monitoring and evaluating the performance of
			 landscaping work
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 30 - OWNER/ MANAGING EMPLOYEE, COURSE, AND TESTING › Section 808-030-0018 - Managing Owner Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
An owner that is designated as the managing owner of a
				landscape contracting business must manage the day to day activities of the
				landscape operations of the landscape contracting business which would include
				but not be limited to:
(1) Planning,
			 bidding and offering landscaping work,
(2) Writing and signing contracts for
			 landscaping work,
(3) Hiring and
			 firing of employees who perform landscaping work,
(4) Signing of checks for payments of labor
			 or materials associated with landscaping work, and
(5) Organizing, scheduling, monitoring and
			 evaluating the performance of landscaping work
(6) In the event a designated managing owner
			 no longer fulfills the role of managing owner for a landscape contracting
			 business the managing owner must notify the board within 30 days of the change
			 in role.
Statutory/Other Authority: ORS
				  670.310 & ORS
				  671.670
Statutes/Other Implemented: ORS
				  671.560, ORS
				  671.595 & ORS
				  671.997
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 30 - OWNER/ MANAGING EMPLOYEE, COURSE, AND TESTING › Section 808-030-0020 - Course Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 course required in ORS
			 671.595(4)
			 shall cover the subjects listed in OAR
			 808-030-0040.
(2) The course must be offered by a provider
			 approved by the agency as provided in OAR
			 808-030-0030.
Statutory/Other Authority: ORS
				  670.310 & ORS
				  671.670
Statutes/Other Implemented: ORS
				  671.595
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 30 - OWNER/ MANAGING EMPLOYEE, COURSE, AND TESTING › Section 808-030-0030 - Requirements of Course Provider

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 In order for individuals or organizations to be listed as a provider of
			 approved courses the individual or organization must submit an application to
			 the agency on forms provided by the agency. Information provided on the
			 application must include, but not be limited to the name and address and
			 contact information of the course provider;
(2) All providers must receive written agency
			 approval prior to offering or providing the course.
(3) A provider must comply at all times with
			 the following requirements:
(a) The provider
			 will cover course material under OAR
			 808-030-0040;
(b) The provider will use agency-approved
			 course materials;
(c) 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
			 three years;
(d) 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;
(e) The provider
			 will request and receive, in writing, agency approval of all instructors at
			 least 20 calendar days before instructors are scheduled to teach; and
(f) The provider will comply with all
			 applicable federal and state laws.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 30 - OWNER/ MANAGING EMPLOYEE, COURSE, AND TESTING › Section 808-030-0040 - Course Material and Subjects

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The course required under ORS
			 671.595 must consist of the
			 following subjects:¶
(a) License
			 Requirements.;¶
(b)
			 Insurance/Bonding.;¶
(c)
			 Employment Law.;¶
(d)
			 Contracts.;¶
(e)
			 Supervision.;¶
(f)
			 Claims/Dispute Resolution.;¶
(g) Lien Law.;¶
(h) Building Codes/Permits.;¶
(i) Safety/Hazard
			 Communication.;¶
(j)
			 Communications; and¶
(k)
			 Estimating.¶
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 30 - OWNER/ MANAGING EMPLOYEE, COURSE, AND TESTING › Section 808-030-0050 - Testing Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 test required in ORS 671.595 shall cover the subjects
			 listed in OAR 808-030-0040.
(2) A person seeking to take the test shall:
(a) Apply on a form provided by the
			 agency;
(b) Pay any fees required
			 by the agency; and
(c) Comply with
			 OAR 808-003-0730,
			 808-003-0760,
			 808-003-0810,
			 808-003-0830,
			 808-003-0840, and
			 808-003-0850.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 30 - OWNER/ MANAGING EMPLOYEE, COURSE, AND TESTING › Section 808-030-0070 - Course Taking and Testing Period

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For course taking and testing completed
			 on or after March 2008, the course and testing required under ORS
			 671.595 shall be valid for 24
			 months from the date the course was completed. Course taking and testing that
			 is past the 24-month period from the date of the completed course will not be
			 considered for the purposes of fulfilling the requirements set forth in ORS
			 671.595.
(2) In lieu of complying with section (1) of
			 this rule, a managing employee may satisfy the requirements of ORS
			 671.595 provided that the
			 managing employee:
(a) Has completed the
			 course and passed the test; and
(b)
			 Has been the managing employee of another licensed landscape contracting
			 business within two years of the date of application by the new applicant;
			 and
(c) The license of the
			 landscape contracting business that was previously owned by or that previously
			 employed the managing employee has not lapsed or, if lapsed, has lapsed for not
			 more than 24 months.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 40 - CONTINUED EDUCATION REQUIREMENT › Section 808-040-0010 - Continued Competency

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To
			 ensure continuing efforts on the part of licensed landscape construction
			 professionals to remain current with new developments in landscape technology
			 and to encourage better business practices and safety in the profession
			 continuing education is required as a condition of license renewal.
(2) Continuing education requirements apply
			 whether the renewal applicant is living or working within Oregon or outside of
			 the state so long as Oregon licensure is maintained.
(3) It is the obligation of each licensee to
			 select a course of study that contributes to the licensee's professional
			 competence in landscaping work. The licensee may take programs in a variety of
			 topics that are relevant to the licensee's area of practice.
Stat. Auth.: ORS
				  670.310 &
				  671.670
Stats. Implemented: ORS
				  671.676
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 40 - CONTINUED EDUCATION REQUIREMENT › Section 808-040-0020 - Continuing Education Biennial and Reporting Requirement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Biennial CEH requirement. To maintain
			 licensing, a landscape construction professional:
(a) Licensed for six (6) years or less must
			 complete sixteen (16) hours of continuing education hours (CEH) every two years
			 unless such requirement is waived by the Board under ORS
			 671.676(4)) and
			 OAR 808-040-0070.
(b) Licensed for more than six years must
			 complete eight (8) hours of continuing education hours (CEH) every two years
			 unless such requirement is waived by the Board under ORS
			 671.676(4)) and
			 OAR 808-040-0070.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 40 - CONTINUED EDUCATION REQUIREMENT › Section 808-040-0025 - Continued Education Programs

Current through Register Vol. 63, No. 7, July 1, 2024
In order to qualify for CEH credit under these rules, a CEH
				program must be a formal program or board approved program of learning that
				contributes directly to the professional competence of the licensee
(1) Eligible Programs and Activities. The
			 following programs will qualify for CEH credit provided they also meet the
			 requirements of section (2) through (5) of this rule:
(a) Programs presented by national, state or
			 local landscape industry organizations.
(b) Programs offered by a business to
			 licensees.
(c) Programs sponsored
			 by organizations that provide professional educational programs.
(d) Correspondence courses or other
			 individual independent study programs and activities do not qualify for CEH
			 credit unless both the CEH sponsor and the specific CEH program or activity are
			 approved by the Board prior to the offering of, presentation of, attendance of,
			 or participation in the program or activity.
(e) Volunteering activities for industry
			 related boards, commissions, and designated committees.
(f) Making presentations or teaching courses
			 related to approved subjects for the CEH credit.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 40 - CONTINUED EDUCATION REQUIREMENT › Section 808-040-0030 - Continuing Education Credit Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
CEH are measured by participation time and program length with
				one 50-minute class period equal to one CEH credit in most cases and will be
				based on the following criteria:
(1)
			 CEH credit will be awarded for established courses taken from a recognized
			 college or university at the rate of 1 semester course credit is equal to 15
			 CEH and 1 quarter course credit is equal to 10 CEH.
(2) Professional courses which meet academic
			 requirements in content, instruction and evaluation will be assigned 1 CEH for
			 each 50-minute class period attended. These courses must be pre-approved by the
			 board prior to the actual presentation of the course.
(3) Courses or activities which do not meet
			 standards as set forth in subsection (1) and (2) of this section, such as
			 workshops, symposiums, seminars, volunteering, independent education, or any
			 applied experience with or without formal classroom work may receive CEH credit
			 at a rate determined by the Board during the approval process. These courses or
			 activities must be pre- approved by the board prior to the actual presentation
			 or participation in the course or activity.
(4) Partial completion by the licensee for
			 programs, courses or classes will not be granted CEH and are not subject to
			 being prorated.
Stat. Auth.: ORS
				  670.310 &
				  671.670
Stats. Implemented: Ch. 550 OL 2007
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 40 - CONTINUED EDUCATION REQUIREMENT › Section 808-040-0040 - Acceptable Subject Matter

Current through Register Vol. 63, No. 7, July 1, 2024
The subjects listed in this rule serve as examples only, and
				are not all-inclusive.
(1) Technical
			 Subjects. Subjects that may qualify for technical subjects include, but are not
			 limited to:
(a) The construction and
			 installation techniques for lawns, trees, vines, shrubs, nursery stock, erosion
			 control, retaining walls, patios, decks, fences, driveways, walkways, arbors,
			 landscape edging, drainage systems, water features, low voltage lighting,
			 irrigation systems including backflow and backflow testing; and
(b) Subjects related to soil science,
			 pesticide application; landscape design; landscape architecture; arboriculture;
			 or horticulture; and
(c) Subjects
			 related to landscape practices for sustainability and environmental issues
			 including but not limited to:
(A) Storm water
			 management,
(B) Living soils
			 management;
(C) Water-wise site
			 design and principles;
(D) Smart
			 technologies;
(E) Low volume
			 irrigation installation and management; or
(F) Integrated pest management.
(d) Preparation and Research for
			 teaching or presenting; or
(e) Any
			 other subject the Board determines applicable.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 40 - CONTINUED EDUCATION REQUIREMENT › Section 808-040-0050 - Program Approval Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Pre-approval Process. Except as provided in section (3) of this rule, programs
			 offered by any institution, agency, professional organization or association,
			 which conducts educational meetings, workshops, symposiums, seminars and other
			 such activities where a CEH credit is desired must be approved by the Board
			 prior to the presentation of the program and prior to the attendance by a
			 licensee. The written request for the issuance of CEH credit must:
(a) Be received on a form provided by the
			 Board at least 30 calendar days prior to the presentation date (unless
			 otherwise approved by the agency Administrator) and include:
(A) Name of sponsoring institution,
			 association or organization;
(B)
			 Title of the presentation;
(C) Date
			 of presentation;
(D) Topic covered
			 from list in 808-040-0040;
(E) A written outline of the
			 program;
(F) The length of the
			 program in hours;
(G) Name of
			 instructor or presenter;
(H) Type
			 of CEH requested;
(I) Copy of the
			 certificate to be given to each attendee with the signature of the instructor
			 or presenter or the official stamp of the sponsor on the certificate. If more
			 than one presenter is authorized to sign, then the signatures of each presenter
			 must be on the certificate or on copies of the certificate; and
(J) Contact information for the provider
			 which must include the address, phone number, fax number and email (if
			 available) for the provider.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 40 - CONTINUED EDUCATION REQUIREMENT › Section 808-040-0060 - Continuing Education: Audit, Required Documentation and Sanctions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To ensure
			 adequate proof of continuing education course completion is available for audit
			 or investigation by the Landscape Contractors Board the licensees shall
			 maintain a record of attendance for two years following renewal.
(2) The Landscape Contractors Board will
			 audit a select percentage of renewals determined by the Board to verify
			 compliance with continued education hour requirement at intervals determined by
			 the Board.
(3) Licensees notified
			 of selection for audit of continuing education verification shall submit to the
			 agency within 21 calendar days from the date of issuance of the notification,
			 satisfactory documentation of completing the required continuing education
			 outlined in OAR 808-040-0020.
(4) Documentation for a preapproved program
			 or preapproved course provided by any institution, agency, professional
			 organization or association, must be a certificate issued by the program
			 provider and approved by the Landscape Contractors Board which includes:
(a) Name of sponsoring
			 institution/association or organization;
(b) Title of presentation;
(c) Date of attendance;
(d) Type of CEH;
(e) Number of approved CEH; and
(f) Instructor's, presenter's or sponsor's
			 signature or official stamp signifying attendance and completion of the
			 course.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 40 - CONTINUED EDUCATION REQUIREMENT › Section 808-040-0070 - Waivers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) CEH waivers.
			 The Board, in its discretion, may waive CEH requirements for:
(a) Reasons of health, certified by a medical
			 doctor, that prevents the licensee from complying with CEH
			 requirements;
(b) A licensee who is
			 on active military duty and who provides a copy of orders to active military
			 duty; or
(c) Other good cause, to
			 be demonstrated as the Board requests.
Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 40 - CONTINUED EDUCATION REQUIREMENT › Section 808-040-0080 - CEH Requirement for Reinstatement to Active Status

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provided for in subsection (2) of this section any licensee that reinstates an
			 inactive or expired landscape construction professional license to active
			 status must:
(a) Comply with OAR
			 808-003-0255;
(b) Submit documentation as per the audit
			 requirements of OAR 808-040-0060 for the 16 CEH
			 obtained within the two years immediately preceding the renewal date of the
			 landscape construction professional license; and
(c) Meet the CEH requirement for each
			 subsequent renewal period.