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LANDSCAPE CONTRACTORS BOARD

 

DIVISION 3
LICENSES

808-003-0010
Written Advertising
(1) All written advertising, except
telephone and internet directory line listings and uniforms, shall include the landscape
contracting business license number. The landscape contracting business license
number in a written advertisement shall be capable of being read (legible) and clearly
visible.
(2) Advertising shall include,
but not be limited to:
(a) Newsprint classified
advertising and newsprint display advertising for work subject to ORS 671.510 through
671.710;
(b) Telephone or internet
directory space ads, or display ads;
(c) Business cards;
(d) Business flyers;
(e) Business letterhead;
(f) Business signs at construction
sites;
(g) Contracts and/or proposals;
(h) Vehicles and trailers
with signage; and
(i) Websites.
(3) No person shall advertise
under the heading of "landscape contractor" or any other heading that would lead
any person to believe the business is a landscape contracting business in any advertising
media unless the person holds an active landscape contracting business license.
(4) A landscape contracting
business that holds a valid license shall not advertise for landscaping work outside
the scope of the license.
(5) All written advertising
on websites must include the landscape contracting business license number at least
on the homepage, the footer of each page, or the contact us.
(6) Effective January 1,
2016, a vehicle sticker issued by the State Landscape Contractors Board does not
constitute meeting the requirement to have the landscape contracting business license
number on a vehicle.
Stat. Auth.: ORS 183 & 671

Stats. Implemented: ORS 671.530

Hist.: LC 1-1980, f. & ef.
2-5-80; LC 1-1984, f. & ef. 7-17-84; LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88;
Renumbered from 808-010-0012; LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04; LCB 6-2005,
f. 12-30-05, cert. ef. 1-1-06; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08; LCB 6-2009(Temp),
f. & cert. ef. 10-14-09 thru 4-11-10; Administrative correction 4-21-10; LCB
2-2010, f. & cert. ef. 6-1-10; LCB 4-2010, f. & cert. ef. 6-2-10; LCB 6-2015,
f. 7-29-15, cert. ef. 8-1-15
808-003-0015
Application for Landscape
Contracting Business and Landscape Construction Professional License
(1) Application for a landscape
contracting business license shall be on forms provided by the agency. Information
provided on the form must include, but not be limited to:
(a) Name of business entity,
all additional assumed business names under which the landscaping work is conducted
and Corporation Division registry numbers (if applicable). The business entity name
and all assumed business names listed must be the same as what appears on record
with the Corporation Division, if applicable;
(b) Mailing and physical address
of the business entity;
(c) Name of all owners and percent
of ownership of each owner;
(d) Name and license number
of all licensed landscape construction professionals employed by the business as
required under ORS 671.565 along with a signed and notarized verification of employment
form provided by the agency. A business may meet the requirements of ORS 671.565,
not withstanding the conditions of 657.044, if the licensed landscape construction
professional is a sole proprietor, a member of an LLC, a general partner in a partnership,
or a stockholder of a Sub Chapter S-Corp and is actively involved in the landscape
contracting business’ operations and is receiving remuneration, whether by
salary or other payment, for services provided;
(e) Name and address of owner
or managing employee;
(f) Independent contractor certification
statement;
(g) A signed statement by the
owner of the business, on which the landscape contracting business estimates the
total maximum job charges for a single landscape job during the term of the license
for the purpose of determining the correct bonding amount for that specific term
of the license;
(h) Social security number of
the owner of a sole proprietorship or partners in a general partnership (where the
partners are human beings);
(i) Complete questions to Licensing
and Litigation History and Criminal Background sections;
(j) State Tax Identification
number, if applicable;
(k) Federal Employer ID Number
(EIN), if applicable;
(l) Workers Compensation Information,
if nonexempt; and
(m) Signature of owner, partner,
joint venturer, corporate officer, member or trustee, signifying that the information
provided in the application is true and correct.
(2) Application for a landscape
contracting business license must be accompanied by:
(a) A non-refundable application
fee;
(b) A required license fee;
(b) A properly executed surety
bond, irrevocable letter of credit or deposit as required under ORS 671.690;
(c) A Certificate of Liability
Insurance as required under ORS 671.565 for an amount not less than $100,000 listing
the Landscape Contractors Board as the certificate holder;
(d) A Certificate of Completion
of Owner/Managing Employee course from an approved course provider and proof of
passing the Laws, Rules & Business Practice examination;
(e) 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” has the same meaning as owner as defined
in OAR 808-002-0734.
(f) Copies of the original and
amended articles of incorporation for corporations, organizational filings for limited
liability companies, and partnership agreements for partnerships;
(g) A completed, signed and
notarized Verification form (provided by the board) for every licensed landscape
construction professional who is supervising work for the landscape contracting
business as required in OAR 808-003-0018; and
(h) Certificate of Insurance
verifying workers’ compensation insurance coverage for all employees, if the
applicant qualifies as nonexempt.
(3) Application for a landscape
construction professional license shall be on forms provided by the agency and shall
be accompanied by:
(a) A non-refundable application
fee;
(b) Verification of experience
and/or transcripts or copies of completion certificates from courses of study;
(c) If applicable, name of employing
licensed landscape contracting business or businesses;
(d) 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;
(e) Complete questions to Licensing
and Litigation History and Criminal Background sections;
(f)
Social security number of the applicant;
(g) Mailing and physical address of the
applicant; and
(h) Signature of applicant.
(4) Application for a probationary
landscape construction professional license shall be on forms provided by the agency
and shall be accompanied by:
(a) A non-refundable application
fee,
(b) If applicable the name of
the employing licensed landscape contracting business or businesses.
(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
probationary landscape construction professional license;
(d) Complete questions 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.
(5) If an applicant as defined
in subsections (1), (3) and (4) of this rule has any unpaid damages as stated in
subsections (1), (3) and (4) of this rule and there are no appeals or exceptions
filed, the applicant must show current payments are being made. If payments are
not being made, the Landscape Contractors Board may refuse to issue the license.
Stat. Auth.: ORS 183 & 671

Stats. Implemented: ORS 671.560,
671.563 & 671.565

Hist.: LC 3, f. & ef. 2-7-77;
LC 3-1980, f. & ef. 2-5-80; LC 1-1984, f. & ef. 7-17-84; LCB 1-1988, f.
1-26-88, cert. ef. 2-1-88; Renumbered from 808-010-0015; LSCB 2-1997, f. & cert.
ef. 11-3-97; LCB 3-1999, f. & cert. ef. 11-17-99; LCB 1-2003, f. 1-31-03, cert.
ef. 2-1-03; LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04; LCB 4-2005, f. & cert.
ef. 10-5-05; LCB 6-2005, f. 12-30-05, cert. ef. 1-1-06; LCCB 3-2007, f. & cert.
ef. 8-1-07; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08; LCB 9-2007, f. 12-24-07,
cert. ef. 1-1-08; LCB 3-2008, f. & cert. ef. 4-11-08; LCB 10-2008, f. &
cert. ef. 11-6-08; LCB 10-2011, f. 7-26-11, cert. ef. 8-1-11; LCB 13-2011, f. 12-29-11,
cert. ef. 1-1-12
808-003-0018
Supervisory Responsibilities; Employment
(1) The licensed landscape construction professional who holds part or the complete phase basis of the landscape contracting business license must perform the following supervisory services:
(a) Review and initial the landscape plan and written contract for each job;
(b) Attend all on-site meetings and appear at any hearings that are a consequence of any claims filed against the landscape contracting business that relate to the landscape construction professional's phase of license; and
(c) Directly supervise all non-licensed employees employed by the landscape contracting business as defined in OAR 808-002-0328. For the purpose of verification of direct supervision of an unlicensed employee as required by ORS 671.540(1)(q) or (r), the communication requirement of direct supervision will be considered met if the licensed landscape construction professional communicates with the Landscape Contractors Board investigator who requested the unlicensed employee to contact the supervising landscape construction professional before midnight of the same day of the request.
(2) A landscape contracting business must:
(a) require a licensed landscape construction professional to directly supervise the unlicensed employees of the landscape contracting business who are performing work that corresponds to the landscape construction professional's phase of license; and
(b) Have the landscape construction professional who is responsible for supervision as required in subsection (a) of this section on the payroll each hour receiving at least minimum wage or meeting the salary test for salaried exempt employees during the time the landscape contracting business is engaged in landscaping work that corresponds to this landscape construction professional’s phase of license except when the landscape construction professional is not considered a subject worker under ORS 656.027.
(c) Submit a Verification form when a new landscape construction professional becomes part or the complete basis of the landscape contracting business license.
(3) Upon application for a landscape contracting business license, and at any other time the board requests, a landscape contracting business must submit a completed, signed and notarized Verification form (provided by the board) for every licensed landscape construction professional for whom the landscape contracting business has not previously submitted this Verification form and who is supervising landscaping work for the landscape contracting business;.
(4) The Verification form verifies that the licensed landscape construction professional:
(a) Is a paid employee of the landscape contracting business and is on the payroll each hour receiving at least minimum wage or meets the salary test for salaried, exempt employees or is an owner of the business as defined in OAR 808-002-0734 during the time the business is performing landscape work related to the landscape construction professional's phase of license;
(b) Will directly supervise work based on the landscape construction professional's phase of license;
(c) Will attend on site meetings and appear at any hearings that are a consequence of any claims filed against the landscape contracting business that relate to the landscape construction professional's phase of license; and
(d) Understands the requirement to notify the board within ten calendar days after termination of employment from the landscape contracting business as required by OAR 808-003-0125(4).
Stat. Auth.: ORS 670.310 & 671.670

Stats. Implemented: ORS 671.565

Hist.: LCB 2-1998, f. & cert. ef. 4-30-98; LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04; LCB 2-2006, f. 8-2-06, cert. ef. 10-2-06; LCCB 3-2007, f. & cert. ef. 8-1-07; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08; LCB 3-2008, f. & cert. ef. 4-11-08; LCB 9-2008, f. 9-29-08, cert. ef. 10-1-08; LCB 10-2008, f. & cert. ef. 11-6-08; LCB 2-2010, f. & cert. ef. 6-1-10; LCB 4-2011, f. & cert. ef. 5-25-11
808-003-0020
Business Names
(1) A partnership, corporation, limited liability company, limited liability partnership, joint venture, professional corporation, assumed business name or other business entity shall be registered to do business in Oregon with the Corporation Division of the State of Oregon.
(2) Every licensed landscape contracting business entity that changes its name or registers for an assumed business name with the Corporation Division of the State of Oregon and every sole proprietor that changes his or her surname, must notify the agency within 30 days of assuming, filing or registering the new name.
(3) An actively licensed landscape contracting business that does not register or maintain registration as required by the Corporation Division of the State of Oregon shall have the license suspended or not renewed until properly registered with the Corporation Division of the State of Oregon.
(4) An applicant for a landscape contracting business license that does not register as required by the Corporation Division of the State of Oregon shall not be issued a landscape contracting business license.
Stat. Auth.: ORS 183 & 671

Stats. Implemented: ORS 671.560

Hist.: LC 1-1984, f. & ef. 7-17-84; LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; Renumbered from 808-010-0033; LCB 1-2003, f. 1-31-03, cert. ef. 2-1-03; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08; LCB 12-2009, f. 12-23-09, cert. ef. 1-1-10
808-003-0025
Alternative Experience
An applicant will be deemed
to have qualifying experience under ORS 671.570(2) if the applicant:
(1) Submits documentation to
verify two years of related landscaping experience; or
(2) Successfully completes the
Landscape Industry Certification program administered by the Oregon Landscape Contractors
Association (OLCA) or another entity licensed to the Professional Landcare Network;
or
(3)
Obtains an Associate, Bachelors or Masters Degree in horticulture or other related
fields from an accredited school or college, which includes the completion of a
cooperative work experience requirement in landscaping. If no cooperative work experience,
six months of related landscape experience may substitute; or
(4) Obtains a Certificate in horticulture
or other related fields from an accredited school or college that requires a minimum
of 72 credit hours, which includes the completion of a cooperative work experience
requirement in landscaping. If no cooperative work experience, six months of related
landscape experience may substitute; or
(5) Holds a current certification
with the International Society of Arboriculture (ISA) as a Certified Arborist; or
(6) Holds a current membership
as a Certified Professional Member of APLD; or
(7) Complete an Oregon Drinking
Water Program approved Backflow Assembly Tester five (5) day course or holds a current
Oregon Backflow Assembly Tester certification; or
(8) Any other landscaping related
certified membership on an individual basis to be determined by the Board.
Stat. Auth.: ORS 183.310 - 183.500,
670.310 & 671.670

Stats. Implemented: ORS 671.570

Hist.: LC 1-1985, f. & ef.
7-1-85; LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; Renumbered from 808-010-0016;
LSCB 2-1994, f. 11-8-94, cert. ef. 11-15-94; LCB 2-1998, f. & cert. ef. 4-30-98;
LCB 4-2002, f. & cert. ef. 12-4-02; LCB 4-2003, f. 5-27-03, cert. ef. 6-1-03;
LCB 2-2005, f. & cert. ef. 4-5-05; LCB 14-2011, f. 12-29-11, cert. ef. 1-1-12
808-003-0030
Expiration of Application;
Change of Application
Applicants who fail to complete
the license process within the following time periods must submit a new application
and fee and, if applicable, retake and pass the exam.
(1) A landscape contracting
business license application will expire one year from the date the application
was received by the agency.
(2) Except as provided in subsection
(3), an individual landscape construction professional license application will
expire two years after the last examination sitting or two years after the application
was received by the agency, whichever is later. Exam results are subject to OAR
808-003-0065(3).
(3) An individual landscape
construction professional application for a Probationary All Phase Plus Backflow
license will expire two years after the application is received by the agency or,
one year after the first sitting for any section of the exam, whichever is first.
Exam results are subject to OAR 808-003-0065(4).
(4) An applicant for a Probationary
All Phase Plus Backflow license may submit another application for a Probationary
All Phase Plus Backflow license after the previous application has expired. Exam
results are subject to OAR 808-003-0065(4).
(5) An applicant that applied
for a Probationary All Phase Plus Backflow license may submit an application for
a regular landscape construction professional license at any time prior to being
issued a probationary license along with the required documentation pursuant to
ORS 671.570 or OAR 808-003-0025. If a Probationary All Phase Plus Backflow license
is issued the licensee must comply with 808-003-0045(5) to obtain removal from probationary
status. Exam results are subject to 808-003-0065(3).
Stat. Auth.: ORS 670.310 &
671.670

Stats. Implemented: ORS 671.670

Hist.: LC 1-1980, f. & ef.
2-5-80; LC 1-1984, f. & ef. 7-17-84; LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88;
Renumbered from 808-010-0017; LSCB 2-1995, f. 8-8-95, cert. ef. 8-15-95; LCB 1-2004,
f. 1-27-04, cert. ef. 2-1-04; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08; LCB 2-2008,
f. & cert. ef. 6-2-08; LCB 15-2011, f. 12-29-11, cert. ef. 1-1-12
808-003-0035
License Categories
(1) Licenses may be issued only for
the following:
(a) All Phase;
(b) Planting;
(c) Standard; or
(d) Irrigation and Backflow
Prevention.
(e) Probationary All Phase
Plus Backflow
(2) Except as set forth in
section (3) of this rule, the following previously-issued limited licenses shall
remain valid so long as the licensee continues to renew the license:
(a) Irrigation;
(b) Irrigation and Backflow
Prevention;
(c) Sod & Seed; and
(d) Trees.
(3) The "All Phase" license
shall include standard (which includes planting), irrigation, and Backflow Prevention,
unless, in lieu of Backflow Prevention, the landscape construction professional
has signed an agreement with the Board prior to April 30, 1996 stating that the
contractor will not perform Backflow Prevention work, with the penalty for violation
of the agreement being $1,000 and suspension of the landscaping contracting business
license and the landscape construction professional contractor license who is the
phase basis of the landscaping contracting business.
Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 671.560
Hist.: LC 3, f. & ef. 2-7-77;
LC 1-1981, f. & ef. 10-8-81; LC 1-1984, f. & ef. 7-17-84; LCB 1-1988, f.
1-26-88, cert. ef. 2-1-88; Renumbered from 808-010-0020; LCB 2-1990, f. 7-27-90,
cert. ef. 8-1-90; LCB 2-1993, f. & cert. ef. 2-1-93; LSCB 1-1994, f. 5-26-94,
cert. ef. 6-1-94; LSCB 2-1994, f. 11-8-94, cert. ef. 11-15-94; LSCB 2-1995, f. 8-8-95,
cert. ef. 8-15-95; LSCB 2-1997, f. & cert. ef. 11-3-97; LCB 3-1998(Temp), f.
& cert. ef. 11-16-98 thru 5-15-99; LCB 1-1999, f. & cert. ef. 2-11-99; LCB
1-2003, f. 1-31-03, cert. ef. 2-1-03; LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04;
LCB 6-2005, f. 12-30-05, cert. ef. 1-1-06; LCCB 3-2007, f. & cert. ef. 8-1-07;
LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08; LCB 9-2007, f. 12-24-07, cert. ef. 1-1-08;
LCB 3-2008, f. & cert. ef. 4-11-08; LCB 2-2014, f. 2-20-14, cert. ef. 3-1-14
808-003-0040
Scope of License; Sanctions for Claims
Filed against Probationary License
(1) A licensed landscape contracting
business may only advertise for or perform those phases of landscaping work for
which its owners or employees hold a valid landscape construction professional license.
(2) The landscaping work
a licensed landscape contracting business advertises for or performs shall be limited
to the following:
(a) For an all phase license
holder, all areas of landscaping work, plus the installation of backflow prevention
assemblies unless, in lieu of Backflow Prevention, the landscape construction professional
contractor has signed an agreement with the Board prior to April 30, 1996 stating
that the landscape construction professional will not perform Backflow Prevention
work;
(b) For an irrigation, no
backflow limited license holder, irrigation functions, including the maintenance
of irrigation systems with the use of compressed air;
(c) For a sod and seed limited
license holder, grass seed planting or sod laying;
(d) For a tree limited license
holder, install new or transplant trees;
(e) For a planting limited
license holder, plan or install lawns, shrubs, vines, trees or nursery stock and
perform grading and drainage services for the installation of 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. A planting limited
licensing holder cannot perform low voltage work.
(f) For a standard limited
license holder, all areas of landscaping work except irrigation functions and the
installation of backflow assemblies;
(g) For an irrigation plus
backflow license holder, irrigation functions, including the maintenance of irrigation
systems with the use of compressed air and the installation of backflow assemblies.
(h) For a probationary All
Phase Plus Backflow license holder, all areas of landscaping work, provided all
landscaping work on any given landscape job as defined in OAR 808-002-0495 must
not exceed a total contract amount of $15,000,
(3) A landscape contracting
business may bid on a job or enter into a contract that includes the phase of landscaping
work for which it is not licensed if that landscape contracting business:
(a) Upgrades the landscape
contracting business license phase by employing a landscape construction professional
licensed for that phase of landscaping work and notifies the board of this change
in license prior to performing this landscaping work, or
(b) Subcontracts the landscaping
work that is outside the phase of the license to another licensed landscape contracting
business licensed for that phase of landscaping work and comply with the minimum
standards for written contracts as required in OAR 808-002-0020(1)(k).
(4) If a landscape contracting
business holds a probationary license and two or more claims are filed against the
landscape contracting business within a 12 month period the owner or employee who
holds the probationary landscape construction professional license and is providing
supervision as described in ORS 671.540(1)(q) & (r) or 671.565(1)(b) may be
required to take specific continuing education hours (CEH) or approved courses as
required by the board that are related to the claim issues. Failure to complete
the required CEH or courses within the specified time frame may result, in addition
to any civil penalties, revocation, refusal to renew or suspension of the probationary
license of the landscape construction professional.
Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 447.060
& 671.560
Hist.: LC 1-1984, f. & ef.
7-17-84; LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; Renumbered from 808-010-0021;
LCB 2-1990, f. 7-27-90, cert. ef. 8-1-90; LCB 2-1992, f. 7-14-92, cert. ef. 7-15-92;
LCB 2-1993, f. & cert. ef. 2-1-93; LSCB 2-1994, f. 11-8-94, cert. ef. 11-15-94;
LSCB 2-1997, f. & cert. ef. 11-3-97; LCB 1-2001, f. 12-4-01, cert. ef. 1-1-02;
LCB 1-2003, f. 1-31-03, cert. ef. 2-1-03; LCB 7-2003(Temp), f. 11-28-03, cert. ef.
12-1-03 thru 5-29-04; LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04; LCB 6-2005, f. 12-30-05,
cert. ef. 1-1-06; LCCB 3-2007, f. & cert. ef. 8-1-07; LCB 4-2007, f. 12-19-07,
cert. ef. 1-1-08; LCB 9-2007, f. 12-24-07, cert. ef. 1-1-08; LCB 3-2008, f. &
cert. ef. 4-11-08; LCB 10-2008, f. & cert. ef. 11-6-08; LCB 13-2009, f. 12-23-09,
cert. ef. 1-1-10; LCB 7-2010, f. & cert. ef. 10-25-10; LCB 12-2011, f. 12-29-11,
cert. ef. 1-1-12; LCB 2-2014, f. 2-20-14, cert. ef. 3-1-14; LCB 3-2014(Temp), f.
2-21-14, cert. ef. 3-1-14 thru 8-28-14; Administrative correction, 9-17-14; LCB
9-2014(Temp), f. & cert. ef. 9-25-14 thru 3-24-15; LCB 1-2015, f. 1-21-15, cert.
ef. 2-1-15
808-003-0045
Change to Limited Licenses; Removal
from Probationary Status
(1) Landscape construction professionals
holding limited licenses may upgrade that phase of license by passing additional
sections of the exam. Licensees shall submit the required fees and a written request
to take the additional sections of the exam.
(2) The following sections
must be passed to upgrade to a standard landscape license:
(a) Sod & Seed license
holders must pass
(A) Plants and Turf,
(B) Design, Grading and Drainage,
and
(C) Hardscaping.
(b) Tree license holders
must pass
(A) Plants and Turf,
(B) Design, Grading and Drainage,
and
(C) Hardscaping.
(c) Irrigation license holders
must pass
(A) Plants and Turf,
(B) Design, Grading and Drainage,
and
(C) Hardscaping.
(d) Planting license holders
must pass Hardscaping.
(3) Holders of a Sod &
Seed license or a Tree license must pass the Plants and Turf and Design, Grading
and Drainage sections of the landscape examination to upgrade to a Planting license.
(4) Holders of a Standard
license, Sod & Seed license, Planting license or a Tree license must pass the
irrigation and Backflow Prevention sections of the landscape examination to upgrade
that phase of license to include irrigation plus backflow
(5) If the phase of license
for a landscape contracting business license changes, the landscape contracting
business must immediately stop advertising for or performing those phases of landscaping
work for which the business no longer holds a license.
(6) Probationary license
holders may obtain removal from probationary status by:
(a) Demonstrating one or
more of the following after the date of obtaining the probationary license:
(A) Completion of 24 months
or more of employment with an actively licensed landscape contracting business under
the direct supervision of a non-probationary licensed landscape construction professional,
(B) Completion of 24 months
or more as an owner or employee of an actively licensed landscape contracting business
providing supervision as described in ORS 671.540(1)(q) or 671.565(1)(b) for a period
of 24 months where the landscaping work performed on any landscape job by the landscape
contracting business did not exceed $15,000 and where the landscape contracting
business filed and maintained with the board a bond, letter of credit or deposit
in the amount of $15,000, or
(C) Completion of 24 months
or more as an actively licensed construction contractor under ORS Chapter 701.
(b) Submitting a written
request to the board for removal of the probationary status.
Stat. Auth.: ORS 183 & 671
Stats. Implemented: ORS 671.560
Hist.: LC 1-1984, f. & ef.
7-17-84; LCB 1-1988, f. 1-26-88, cert. & ef. 2-1-88; Renumbered from 808-010-0022;
LCB 1-2003, f. 1-31-03, cert. ef. 2-1-03; LCB 4-2003, f. 5-27-03, cert. ef. 6-1-03;
LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04; LCB 6-2005, f. 12-30-05, cert. ef. 1-1-06;
LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08; LCB 9-2007, f. 12-24-07, cert. ef. 1-1-08;
LCB 8-2008, f. & cert. ef. 9-5-08; LCB 9-2008, f. 9-29-08, cert. ef. 10-1-08;
LCB 10-2008, f. & cert. ef. 11-6-08; LCB 4-2009, f. 6-1-09 cert. ef. 7-1-09;
LCB 7-2010, f. & cert. ef. 10-25-10; LCB 2-2013, f. 5-31-13, cert. ef. 6-1-13;
LCB 2-2014, f. 2-20-14, cert. ef. 3-1-14; LCB 3-2014(Temp), f. 2-21-14, cert. ef.
3-1-14 thru 8-28-14; Administrative correction, 9-17-14; LCB 9-2014(Temp), f. &
cert. ef. 9-25-14 thru 3-24-15; LCB 1-2015, f. 1-21-15, cert. ef. 2-1-15
808-003-0055
Examination Requirements
(1) Applicants may schedule an appointment with designated proctors throughout the state to take an examination after receipt of a letter of authorization from the agency and payment of the required fee(s).
(2) Applicant must show picture identification and the letter of authorization before taking an exam.
(3) Applicants may use only a hand-held calculator, scale ruler, and pencil or pen in addition to examination materials provided by the designated proctors.
(4) "Hand-held calculator" as used in this rule means a hand held electronic device that performs only basic mathematical calculations.
Stat. Auth.: ORS 183 & 671

Stats. Implemented: ORS 671.570

Hist.: LC 1-1984, f. & ef. 7-17-84; LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; Renumbered from 808-010-0024; LCB 4-2002, f. & cert. ef. 12-4-02; LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04; LCB 12-2009, f. 12-23-09, cert. ef. 1-1-10
808-003-0060
Examinations
(1) The exam will consist of the following
sections:
(a) Laws, Rules and Business
Practice which includes Contract Law, General Business, and Agency Involvement;
(b) Plants and Turf;
(c) Design, Grading and Drainage;
(d) Hardscaping;
(e) Irrigation Systems, which
includes, but is not limited to pipes and fittings, electrical, head and nozzles,
Hydraulics, installation/practical application, plan questions, winterizing, repair/troubleshooting,
valves, plant culture, drip irrigation, design, and pumps; and
(f) Backflow, which includes,
but is not limited to the installation of irrigation and ornamental water feature
backflow assemblies, cross connections, piping, valves, and related plumbing code
provisions.
(2) All applicants must successfully
pass the Laws, Rules and Business Practice section.
(3) To obtain an All Phase
plus Backflow License, the applicant must successfully pass the Laws, Rules and
Business Practice, Plants and Turf, Design, Grading and Drainage, Hardscaping, Low
Voltage; Design; & Personal Safety, Irrigation and Backflow Prevention sections.
(4) To obtain a Standard
license, the applicant must successfully pass the Laws, Rules and Business Practice,
Plants and Turf, Design, Grading and Drainage, and Hardscaping sections.
(5) To obtain an Irrigation
license, the applicant must successfully pass the Laws, Rules and Business Practice,
Irrigation and Backflow Prevention sections.
(6) To obtain a Planting
license the applicant must successfully pass the Laws, Rules and Business Practice,
Plants and Turf, and Design, Grading and Drainage sections.
(7) To obtain a Probationary
All Phase plus Backflow License, the applicant must successfully pass the Laws,
Rules and Business Practice, Plants and Turf, Design, Grading and Drainage, Hardscaping,
Irrigation and Backflow Prevention sections within 12 months after the first sitting
of any section of the examination.
Stat. Auth.: ORS 183.325 - 183.500, 670.310
& 671.670
Stats. Implemented: ORS 671.570
Hist.: LC 3, f. & ef. 2-7-77;
LC 1-1981, f. & ef. 10-8-81; LC 1-1984, f. & ef. 7-17-84; LCB 1-1988, f.
1-26-88, cert. ef. 2-1-88; Renumbered from 808-010-0025; LCB 4-1993, f. & cert.
ef. 11-1-93; LSCB 2-1994, f. 11-8-94, cert. ef. 11-15-94; LCB 1-1998, f. & cert.
ef. 2-6-98; LCB 3-1998(Temp), f. & cert. ef. 11-16-98 thru 5-15-99; LCB 1-1999,
f. & cert. ef. 2-11-99; LCB 1-2001, f. 12-4-01, cert. ef. 1-1-02; LCB 1-2003,
f. 1-31-03, cert. ef. 2-1-03; LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04; LCB 6-2005,
f. 12-30-05, cert. ef. 1-1-06; LCB 9-2007, f. 12-24-07, cert. ef. 1-1-08; LCB 12-2009,
f. 12-23-09, cert. ef. 1-1-10; LCB 2-2013, f. 5-31-13, cert. ef. 6-1-13; LCB 2-2014,
f. 2-20-14, cert. ef. 3-1-14
808-003-0065
Scoring; Exam Section Transfer March
1, 2014
(1) Each exam section shall be scored
separately.
(2) Based on l00 percent,
the passing score shall be 75 percent or higher for each section.
(3) Except as provided in
subsection (4) & (5), a passing score shall be valid for one year from the date
the exam section was taken. An applicant who fails to pass all the sections required
for a particular license within one year of passing a section shall retake that
section.
(4) 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).
(5) 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.
(6) Effective March 1, 2014
the following sections will transfer to the new exam sections as follows:
(a) Laws, Rules and Business
Practice transfers into Laws, Rules and Business Practice;
(b) Plants and Turf transfers
into the Plants and Turf Section;
(c) Grading and Drainage
transfer into the Design, Grading and Drainage section;
(d) General Safety, estimating,
soil science, chemicals and landscape design does not transfer into another exam
section;
(e) Irrigation transfers
into the Irrigation section; and
(f) Backflow Prevention transfers
into Backflow Prevention.
Stat. Auth.: ORS 183.325 - 183.500, 670.310
& 671.670
Stats. Implemented: ORS 671.570
Hist.: LC 1-1984, f. & ef.
7-17-84; LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; Renumbered from 808-010-0026;
LSCB 2-1994, f. 11-8-94, cert. ef. 11-15-94; LCB 3-1998(Temp), f. & cert. ef.
11-16-98 thru 5-15-99; LCB 1-1999, f. & cert. ef. 2-11-99; LCB 1-2003, f. 1-31-03,
cert. ef. 2-1-03; LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04; LCB 15-2011, f. 12-29-11,
cert. ef. 1-1-12; LCB 3-2014(Temp), f. 2-21-14, cert. ef. 3-1-14 thru 8-28-14; Administrative
correction, 9-17-14; LCB 9-2014(Temp), f. & cert. ef. 9-25-14 thru 3-24-15;
LCB 10-2014, f. & cert. ef. 12-1-14; LCB 1-2015, f. 1-21-15, cert. ef. 2-1-15;
LCB 2-2015(Temp), f. & cert. ef. 2-12-15 thru 8-10-15; LCB 4-2015, f. &
cert. ef. 6-11-15
808-003-0070
Exam Failure and Retake
(1) Applicants who attempt and fail any section of the exam must wait two weeks:
(a) Before retaking any section of the exam; and
(b) After reviewing any section of the exam.
(2) After three unsuccessful attempts to pass any section of a written or computerized exam, an applicant may petition the agency for an oral exam.
Stat. Auth.: ORS 183 & 671

Stats. Implemented: ORS 671.570

Hist.: LC 1-1980, f. & ef. 2-5-80; LC 1-1984, f. & ef. 7-17-84; LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; Renumbered from 808-010-0027; LSCB 2-1997, f. & cert. ef. 11-3-97; LCB 3-1998(Temp), f. & cert. ef. 11-16-98 thru 5-15-99; LCB 1-1999, f. & cert. ef. 2-11-99; LCB 4-2002, f. & cert. ef. 12-4-02; LCB 6-2003, f. & cert. ef. 10-1-03; LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04; LCB 5-2004, f. & cert. ef. 10-4-04
808-003-0075
Notice of Score
The applicant will receive scores in person immediately after taking the exam.
Stat. Auth.: ORS 183 & 671

Stats. Implemented: ORS 671.570

Hist.: LC 1-1984, f. & ef. 7-17-84; LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; Renumbered from 808-010-0028; LCB 4-2002, f. & cert. ef. 12-4-02; LCB 12-2009, f. 12-23-09, cert. ef. 1-1-10
808-003-0080
Review of Examinations
(1) Applicants failing to pass any section(s) of the exam may schedule an appointment, if necessary, with designated proctors throughout the state to review those sections.
(2) Requests to review failed sections of the exam must be scheduled within 30 days from notification of results.
(3) Applicants must show picture identification before reviewing any failed sections of the exam.
(4) Applicants reviewing failed sections of the exam may not:
(a) Be accompanied by another person during the review unless accompanied by an interpreter approved by the designated proctor;
(b) Retain notes taken during the review; or
(c) Challenge their examination results.
(5) Applicants will be allowed to review the failed sections of the exam once after each failure.
Stat. Auth.: ORS 183 & 671

Stats. Implemented: ORS 671.570

Hist.: LC 1-1984, f. & ef. 7-17-84; LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; Renumbered from 808-010-0029; LSCB 2-1997, f. & cert. ef. 11-3-97; LCB 2-2002, f. & cert. ef. 5-24-02; LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04; LCB 12-2009, f. 12-23-09, cert. ef. 1-1-10
808-003-0081
Appeal of Examination Results
An applicant who fails any section of the exam may not appeal those results.
Stat. Auth.: ORS 183 & 671

Stats. Implemented: ORS 671.570

Hist.: LCB 4-2002, f. & cert. ef. 12-4-02; LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04
808-003-0085
Cheating on the Exam
(1) An applicant who is caught cheating during the examination:
(a) Will 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.
(2) The designated proctors will not grade examinations of applicants who are caught cheating.
(3) Actions that may be considered cheating include, but are not limited to:
(a) Copying answers from another applicant during the examination;
(b) Helping another applicant during the examination;
(c) Unauthorized communication with another individual, in or out of the examination room, during the examination;
(d) Using unauthorized written materials, notes or equipment during the examination; or
(e) Removing examination materials, such as a question booklet page, in whole or in part, from the exam.
Stat. Auth.: ORS 183 & 671

Stats. Implemented: ORS 671.570

Hist.: LCB 4-2002, f. & cert. ef. 12-4-02; LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04; LCB 12-2009, f. 12-23-09, cert. ef. 1-1-10
808-003-0090
Employer Status
Landscape contracting businesses
shall be licensed as either nonexempt (employer with employees) or exempt (no employees)
as provided in ORS 671.525.
(1) The nonexempt class is composed
of the following entities:
(a) Sole proprietorships with
one or more employees;
(b) Partnerships or limited
liability partnerships with one or more employees;
(c) Partnerships or limited
liability partnerships with more than two partners if any of the partners are not
family members as defined in OAR 808-002-0390;
(d) Joint ventures with one
or more employees;
(e) Joint ventures with more
than two joint venturers if any of the joint venturers are not family members as
defined in OAR 808-002-0390;
(f) Limited partnerships with
one or more employees;
(g) Limited partnerships with
more than two general partners if any of the general partners are not family members
as defined in OAR 808-002-0390;
(h) Corporations with one or
more employees;
(i) Corporations with more than
two corporate officers if any of the corporate officers are not family members;
(j) Trusts with one or more
employees;
(k) Trusts with more than two
trustees if any of the trustees are not family members as defined in OAR 808-002-0390;
(l) Limited liability companies
with one or more employees; or
(m) Limited liability companies
with more than two members if any of the members are not family members as defined
in OAR 808-002-0390.
(2) The exempt class is composed
of sole proprietors, partnerships, joint ventures, limited liability partnerships,
limited partnerships, corporations, trusts, and limited liability companies that
do not qualify as nonexempt.
(3) An exempt landscape contracting
business may work with the assistance of individuals who are employees of a nonexempt
landscape contracting business so long as the nonexempt landscape contracting business:
(a) Is in compliance with ORS
Chapters 316, 656, and 657 and is providing the employee(s) with workers' compensation
insurance; and
(b) Does the payroll and pays
all its employees, including those employees who assist an exempt landscape contracting
business.
(4)
Non-exempt entities shall supply the following employer account numbers:
(a) Workers’ Compensation Division
7-digit compliance number or workers’ compensation insurance carrier name
and policy or binder number;
(b) Oregon Employment Department
and Oregon Department of Revenue combined business identification number; and
(c) Internal Revenue Service
employer identification number or federal identification number.
(5) Exempt entities need supply
no employer account numbers except as stated below.
(6) Corporations and limited
liability companies qualifying as exempt as provided by ORS 656.027(10) shall supply
Employment Division and Department of Revenue account numbers unless the corporation
or limited liability company certifies that corporate officers or members receive
no compensation (salary or profit) from the corporation or limited liability company.
Exempt corporations shall supply IRS account numbers.
(7) Out-of-state businesses
with no Oregon employees shall supply their home state account numbers, and workers'
compensation account.
(8) An exempt landscape contracting
business must notify the agency in writing within 30 days, register with the Board
as “nonexempt” and submit documentation as required in OAR 808-003-0620
when that business hires employees or otherwise no longer qualifies for the exempt
status.
Stat. Auth.: ORS 670.310 &
671.670

Stats. Implemented: ORS 671.525,
671.560, 671.565 & 2011 OL Ch. 283

Hist.: LCB 2-1991(Temp), f.
9-27-91, cert. ef. 9-29-91; LCB 1-1992, f. 1-27-92, cert. ef. 2-1-92; LSCB 2-1995,
f. 8-8-95, cert. ef. 8-15-95; LSCB 2-1997, f. & cert. ef. 11-3-97; LCB 5-2003,
f. & cert. ef. 8-1-03; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08; LCB 13-2011,
f. 12-29-11, cert. ef. 1-1-1
808-003-0095
Liability Insurance
(1) An 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 subsection (2) of this section 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, and state that the Oregon Landscape Contractors Board is the certificate holder.
(2) The certificate must be for an amount not less than $100,000 and include public liability, personal injury and property damage insurance covering landscaping work.
(3) 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).
(a) If the entity is a sole proprietorship, the certificate must include the name of the sole proprietor;
(b) If the entity is a partnership, or joint venture, the certificate must include the names of all partners (except limited partners);
(c) If the entity is a limited liability partnership, the certificate 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 certificate 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 certificate;
(e) If the entity is a corporation or trust, the certificate must be issued showing the corporate or trust name; or
(f) If the entity is a limited liability company, the certificate must be issued in the name of the limited liability company.
(4) A landscape contracting business must continuously have in effect public liability, personal injury and property damage insurance during the licensing period to maintain an active license.
(5) A new certificate must be on file with the agency prior to the expiration date on the previous certificate. If the policy as required in subsection 2 of this section expires and a new certificate is not received on or before 5 pm on the day of policy expiration, the agency may suspend the landscape contracting business license
(6) Upon cancellation of the insurance required under ORS 671.565 the agency may immediately suspend the landscape contracting business license as provided for in 671.610(2)(b).
(7) 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.
Stat. Auth.: ORS 183.325 - 183.410, 670.310 & 671.670

Stats. Implemented: ORS 671.565

Hist.: LCB 2-1991(Temp), f. 9-27-91, cert. ef. 9-29-91; LCB 1-1992, f. 1-27-92, cert. ef. 2-1-92; LSCB 2-1997, f. & cert. ef. 11-3-97; LCB 1-2003, f. 1-31-03, cert. ef. 2-1-03; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08; LCB 5-2009(Temp), f. 6-3-09 cert. ef. 6-3-09 thru 11-30-09; LCB 8-2009, f. & cert. ef. 10-28-09
808-003-0100
Licenses; License Cards
(1) A landscape construction professional
license and its identifying license number will be issued to one individual only.
Other individuals shall not be included in that license, but each shall be separately
licensed and shall separately meet the licensing requirements. No individual may
perform work subject to ORS Chapter 671 through the use of another individual's
or entity's license.
(2) Landscape construction
professional licenses shall be issued in the name of the individual.
(3) A landscape contracting
business license and its identifying license number will be issued to one business
entity only. Other business entities shall not be included in that license, but
each shall be separately licensed and shall separately meet the licensing requirements.
No business entity may perform work subject to ORS Chapter 671 through the use of
another individual's or business entity's license.
(4) Landscape contracting
business licenses shall be issued as follows:
(a) A sole proprietorship
shall be issued in the name of the sole proprietor;
(b) A sole proprietorship
using an assumed business name shall be issued in both the name of the sole proprietor
and assumed business name
(c) A partnership, limited
partnership or joint venture shall be issued in the names of the partners and the
assumed business name;
(d) A partnership or limited
partnership using an assumed business name shall be issued in the names of the partners
and the assumed business name;
(e) A corporation or trust
shall be issued in the corporate or trust name;
(f) A limited liability company
shall be issued in the limited liability company name.
(5) A license card issued
to a landscape contracting business and landscape construction professional is valid
for the term for which it is issued only if the licensing requirements or ORS 671.510
to 671.760 and OAR chapter 808 are met throughout the license period:
(6) If a license is no longer
valid, the agency may require the return of the license card and pocket card(s).
Stat. Auth.: ORS 670.310 & 671.670

Stats. Implemented: ORS 671.560
& 671.565

Hist.: LC 3, f. & ef. 2-7-77;
LC 1-1981, f. & ef. 10-8-81; LC 1-1984, f. & ef. 7-17-84; LCB 1-1988, f.
1-26-88, cert. ef. 2-1-88; Renumbered from 808-010-0030; LSCB 2-1995, f. 8-8-95,
cert. ef. 8-15-95; LCB 2-2002, f. & cert. ef. 5-24-02; LCB 4-2002, f. &
cert. ef. 12-4-02; LCB 5-2003, f. & cert. ef. 8-1-03; LCB 4-2007, f. 12-19-07,
cert. ef. 1-1-08; LCB 4-2009, f. 6-1-09 cert. ef. 7-1-09; LCB 12-2009, f. 12-23-09,
cert. ef. 1-1-10; LCB 6-2015, f. 7-29-15, cert. ef. 8-1-15
808-003-0112
Social Security Number
(1) The Landscape Contractors Board will not issue or renew a landscape construction professional license or landscape contracting business license issued to an individual, a sole proprietorship or a general partnership unless an applicant provides his or her social security number on the application or renewal form. The applicant need not provide the social security number on the application for renewal, if the applicant's social security number has previously been provided to the Landscape Contractors Board and is in the record.
(2) If an individual, the owner of a sole proprietorship or partners in a general partnership (where the partners are human beings) has not been issued a social security number by the United States Social Security Administration, the Landscape Contractors Board will accept a written statement from the individual, owner or partners to fulfill the requirements of section (1). The individual, owner or partner must submit the written statement on a form provided by the agency. This form must:
(a) Be signed by the individual, owner or partner (where the partner is a human being);
(b) Attest to the fact that no social security number has been issued to the individual, owner or partner by the United States Social Security Administration; and
(c) Acknowledge that knowingly supplying false information under this section is a Class A misdemeanor, punishable by imprisonment of up to one year and a fine of up to $6,250.
Stat. Auth.: ORS 671.630

Stats. Implemented: ORS 25.278

Hist.: LCB 2-2004, f. 1-27-04, cert. 2-1-04; LCCB 3-2007, f. & cert. ef. 8-1-07; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08
808-003-0125
Notification of Change of Address, Employment, Partners or Owners or Ownership Interest
(1) Within ten (10) calendar days following a change of address, the landscape construction professional shall submit written or online notification to the agency as provided in ORS 671.603.
(2) Within ten (10) calendar days following a change of address, the landscape contracting business shall submit written or online notification to the agency as provided in ORS 671.603.
(3) A landscape contracting business shall notify the agency in writing within ten (10) days after the date a landscape contracting business' phase of license changes due to:
(a) The license phase of an owner or employee who is the licensed landscape construction professional and phase basis of the business changes; or
(b) The landscape construction professional who holds part or wholly the phase basis of the landscape contracting business license ceases to own or be employed by the landscape contracting business.
(4) A landscape construction professional shall notify the agency in writing within ten (10) days of the date of termination of employment or ownership from an actively licensed landscape contracting business.
(5) A landscape contracting business subject to ORS 671.595 must:
(a) Within ten (10) calendar days of the date a managing owner or managing employee ceases to act in the roles as defined in OAR 808-002-0625 or 808-002-0734(2) notify the agency in writing and provide:
(A) The effective date of the change; and
(B) The name of the managing owner or managing employee ceasing to act in this role.
(b) Within thirty (30) calendar days of a change of managing owner or managing employee, designate a new managing owner or managing employee and must have notified the agency in writing and provide:
(A) The effective date of the change; and
(B) The name of the new managing owner or managing employee performing this role.
(6) Within ten (10) calendar days following a change in partners or owners or a change in percentage of an ownership interest, the landscape contracting business shall submit written notification of the change to the agency as required by ORS 671.605.
Stat. Auth.: ORS 183 & 671

Stats. Implemented: ORS 671.595, 671.600, 671.603 & 671.605

Hist.: LC 1-1984, f. & ef. 7-17-84; LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; Renumbered from 808-010-0034; LCB 1-2001, f. 12-4-01, cert. ef. 1-1-02; LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08; LCB 2-2008, f. & cert. ef. 6-2-08; LCB 12-2009, f. 12-23-09, cert. ef. 1-1-10; LCB 7-2010, f. & cert. ef. 10-25-10
808-003-0126
Permits and Other Requirements
for Work Performed by a Landscape Contracting Business
(1) Prior to the performance
of work a landscape contracting business must obtain a permit, if required. This
includes but is not limited to the installation of:
(a) A backflow assembly for
irrigation systems or water features;
(b) A retaining wall, driveway,
deck, fence, walkway, arbor, landscape edging or patio;
(c) Low voltage wiring for irrigation
systems or landscape lighting;
(d) Plantings on structures;
and
(e) Drainage systems for landscaping
work.
(2) Prior to the performance
of landscaping work on a structure the landscape contracting business must confirm
that the structure has been properly engineered and municipal approval has been
obtained in writing or by issuance of a municipal permit for construction.
(3)(a) Tapping into the potable
water supply and installation of irrigation or ornamental water feature backflow
assemblies shall be done by a licensed landscape construction professional who holds
a backflow license and who is either an employee or owner of a landscape contracting
business. The landscape construction professional or landscape contracting business
shall obtain all required permits prior to the installation of the backflow assembly
and the landscape construction professional shall install the backflow assembly
in conformance with the applicable code requirements.
(b) If a landscape construction
professional or landscape contracting business fails to obtain permits to tap into
the potable water system for the installation of backflow assemblies for irrigation
or ornamental water feature or fails to comply with applicable code requirements,
the Board, in addition to any other remedy, may suspend, condition or revoke the
landscape construction professional and/or landscape contracting business license.
Stat. Auth.: ORS 670.310 &
671.670

Stats. Implemented: ORS 671.310
& 671.595

Hist.: LCB 12-2011, f. 12-29-11,
cert. ef. 1-1-12
808-003-0130
Fees
(1) Initial license
(a) Initial landscape contracting
business license, $275 effective November 1, 2015.
(b) Initial landscape construction
professional license, $100 effective November 1, 2015.
(c) Initial landscape construction
professional license, $95 for licenses issued on or before October 31, 2015.
(d) Initial landscape contracting
business license, $260 for licenses issued on or before October 31, 2015.
(2) Renewal of active license
(a) Renewal of active landscape
contracting business licenses with an expiration date of November 30, 2015 or later,
$275.
(b) Renewal of active landscape
construction professional licenses with an expiration date of November 30, 2015
or later, $100.
(c) Renewal of active landscape
contracting business licenses with an expiration date on or before October 31, 2015,
$260.
(d) Renewal of active landscape
construction professional licenses with an expiration date on or before October
31, 2015, $95.
(3) Renewal of inactive license
(a) Renewal of inactive landscape
contracting business, $275 effective November 30, 2015.
(b) Renewal of inactive landscape
construction professional, $100 effective November 30, 2015.
(c) Renewal of inactive landscape
contracting business licenses with an expiration date of October 31, 2015, $260.
(d) Renewal of inactive landscape
construction professional licenses with an expiration date of October 31, 2015,
$95.
(4) Late penalty fee:
(a) Landscape contracting
business, $35.
(b) Landscape construction
professional, $35.
(5) Landscape Construction
Professional License Application fee: $100.
(6) Landscape Contracting
Business License Application fee: $150.
(7) Probationary Landscape
Construction Professional License Application: $75
(8) Owner or Managing Employee
Application fee: $60.
(9) Request from license
holder for a replacement license card: $20
(10) Reinstatement of suspended
license: $50. The reinstatement date will be the date the agency updates the record.
(11) To convert a license
from an inactive status to an active status or from an active status to an inactive
status at a time other than at renewal: $50. The status change date will be the
date the agency updates the record.
(12) If a landscape construction
professional license expires, the amount to be paid for reinstatement to active
or inactive status equals the required fee for each year of expiration (up to two
years) plus a late penalty fee for each year. The reinstatement date will be the
date the agency updates the record.
(13) If a Landscape contracting
business license expires, the amount to be paid for reinstatement to active or inactive
status equals the required fee for each year of expiration (up to two years) plus
a late penalty fee for each year. The reinstatement date will be the date the agency
updates the record.
(14) Payments received after
board deadlines, including, but not limited to payments for renewals, applications
and civil penalties will be considered late and penalties shall be assessed.
(15) The board may waive
the late fee if:
(a) The properly completed
renewal form and correct fee are received by the agency prior to the expiration
date and all other renewal requirements are met within one month after the expiration
date; or
(b) The licensee's failure
to meet the renewal date was caused entirely or in part by a board error or omission.
Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 671.595,
671.650 & 671.660
Hist.: LC 3, f. & ef.
2-7-77; LC 1-1981, f. & ef. 10-8-81; LC 1-1983(Temp), f. 10-14-83, ef. 10-15-83;
LC 1-1984, f. & ef. 7-17-84; LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; Renumbered
from 808-010-0035; LCB 3-1988(Temp), f. 4-11-88, cert. ef. 5-1-88; LCB 4-1988, f.
11-23-88, cert. ef. 12-1-88; LCB 1-1989(Temp), f. 5-16-89, cert. ef. 7-1-89; LCB
2-1989, f. & cert. ef. 7-24-89; LSCB 1-1995, f. & cert. ef. 2-2-95; LSCB
1-1997(Temp), f. & cert. ef. 6-10-97; LSCB 2-1997, f. & cert. ef. 11-3-97;
LCB 3-2002, f. & cert. ef. 7-1-02; LCB 1-2003, f. 1-31-03, cert. ef. 2-1-03;
LCB 6-2003, f. & cert. ef. 10-1-03; LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04;
LCB 5-2004, f. & cert. ef. 10-4-04; LCB 6-2005, f. 12-30-05, cert. ef. 1-1-06;
LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08; LCB 7-2007, f. 12-24-07, cert. ef. 1-1-08;
LCB 3-2008, f. & cert. ef. 4-11-08; LCB 9-2008, f. 9-29-08, cert. ef. 10-1-08;
LCB 10-2008, f. & cert. ef. 11-6-08; LCB 4-2009, f. 6-1-09 cert. ef. 7-1-09;
LCB 9-2009(Temp), f. & cert. ef. 10-28-09 thru 4-25-10; Administrative correction
5-19-10; LCB 4-2010, f. & cert. ef. 6-2-10; LCB 5-2010(Temp), f. & cert.
ef. 7-20-10 thru 1-16-11; LCB 6-2010, f. 8-12-10, cert. ef. 8-13-10; LCB 2-2011,
f. & cert. ef. 1-27-11; LCB 16-2011, f. 12-29-11, cert. ef. 1-1-12; LCB 8-2015,
f. 10-21-15, cert. ef. 11-1-15
808-003-0135
Date of Issue/Expiration
(1) All licenses shall be issued on the date all application requirements are met. New licenses are valid for up to 13 months. Renewal licenses are valid for one year.
(2) Except as set forth in (3) of this rule, the expiration date will be the last day of the month in which the license was originally issued.
(3) At the request of the licensee, the agency may adjust the expiration date of the landscape construction professional license to correspond with that of the landscape contracting business license in accordance with ORS 670.310.
Stat. Auth.: ORS 183 & 671

Stats. Implemented: ORS 671.560 & 671.565

Hist.: LC 1-1984, f. & ef. 7-17-84; LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; Renumbered from 808-010-0036; LSCB 2-1997, f. & cert. ef. 11-3-97; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08
808-003-0210
Value of Landscaping Work Performed by a Residential General Contractor
A general contractor licensed under
ORS 701 who meets the exemption listed in 671.540(1)(h) may perform landscaping
work if the total value of the landscaping work is:
(1) $3,000 if the landscaping
work was completed September 1, 2003 and before September 1, 2008;
(2) $3,400 if the landscaping
work was completed on September 1, 2008 and before September 1, 2013; or
(3) $3,800 if the landscaping
work was completed on or after September 1, 2013.
Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 671.540
Hist.: LCB 5-2003, f. &
cert. ef. 8-1-03; LCB 10-2008, f. & cert. ef. 11-6-08; LCB 12-2009, f. 12-23-09,
cert. ef. 1-1-10; LCB 5-2013, f. 9-30-13, cert. ef. 10-1-13
808-003-0220
Voluntary Surrender/Resignation of
License
(1) A landscape construction professional
or landscape contracting business may request resignation and surrender of the holder’s
license issued under ORS 671, by submitting:
(a) A written resignation;
(b) The current license card
issued by the Board;
(c) A written acknowledgment
that, after such resignation, in the event that the licensee wishes to reapply for
a license to perform landscaping work, the licensee must meet all requirements of
ORS Chapter 671 and OAR chapter 808;
(d) A written acknowledgment
that the licensee will take action to prevent all reasonably foreseeable harm to
the licensee’s current clients upon resignation.
(2) A resignation is effective
only with the express written approval of the agency. Such license will not be subject
to renewal.
(3) If the licensee is the
subject of a complaint filed with the Board or a Board investigation, or if disciplinary
proceedings are pending against a licensee, the resignation by such licensee may
not be approved by the Agency.
(4) Upon any subsequent application
to perform landscaping work, the licensee must meet all requirements of ORS Chapter
671 and OAR chapter 808.
Stat. Auth: ORS 670.310 & 671.670

Stats. Implements: ORS 671.525
& 671.565

Hist.: LCB 5-2004, f. & cert.
ef. 10-4-04; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08; LCB 10-2008, f. & cert.
ef. 11-6-08; LCB 6-2015, f. 7-29-15, cert. ef. 8-1-15
808-003-0225
Terms of Probation
The board may place a landscape contracting business, landscape contracting business owner or landscape construction professional on probation pursuant to ORS 671.614. In placing a landscaping contracting business, landscaping contracting business owner or landscape construction professional on probation, the board may, in addition to imposing conditions outlined in 671.614(3) & (4), require that the landscaping contracting business, landscaping contracting business owner or landscape construction professional:
(1) Submit to the board copies of all written contracts entered into during the period of probation;
(2) Submit to the board copies of all billing invoices (or those that the board specifies) issued during the period of probation;
(3) Submit copies to the board of all permits required for landscaping work during the period of probation;
(4) Authorize the board to contact the customers of the landscaping contracting business and supply to the board the names, addresses and phone numbers of such customers; and
(5) Maintain a log of site visits and customer contacts during the period of probation.
Stat. Auth.: ORS 670.310 & 671.670

Stats. Implemented: ORS 671.614

Hist.: LCB 6-2005, f. 12-30-05, cert. ef. 1-1-06; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08
808-003-0230
Renewal of Landscaping Contracting Business and Landscape Construction Professional License
(1) Application for renewal
of a landscape contracting business license shall comply with ORS 671.660 and be:
(a) Accompanied by:
(A) Required renewal fee; and
(B) 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 671.560 and 671.563, “applicant” has the same meaning as owner
as defined in OAR 808-002-0734.
(b) On forms provided by the
agency and the licensee shall update the following items:
(A) Mailing address;
(B) Assumed business name;
(C) Entity type;
(D) Employer status as required
by ORS 671.525 and OAR 808-003-0090;
(E) Listing of owners/officers
and percentage of ownership of each owner;
(F) List of landscape construction
professional(s), with accompanying license numbers employed by the business;
(G) Bond amount as required
by ORS 671.690 and OAR 808-003-0613;
(H) Insurance expiration date
as required by OAR 808-003-0095; and
(I) Name of the owner/managing
employee, if applicable as required by ORS 671.595
(2) Application for renewal
of a landscape construction professional license shall comply with ORS 671.660 and
be:
(a) Accompanied by:
(A) Required renewal fee; and
(B) 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 671.560 and 671.563, “applicant” has the same meaning as owner
as defined in OAR 808-002-0734.;
(b) On forms provided by the
agency and the licensee shall update the following items:
(A) Mailing address; and
(B) Name of landscape contracting
business(es) individual is employed by, if applicable;
(C) Listing of continuing education
courses completed, if applicable; and
(D) Signature of applicant.
(3) If an applicant as defined
in subsections (1) and (2) of this rule has any unpaid damages as stated in subsections
(1) and (2) of this rule and there are no appeals or exceptions filed, the applicant
must show current payments are being made. If payments are not being made, the
Landscape Contractors Board may refuse to renew the license.
(4) If an applicant satisfies
all requirements for license renewal before the expiration date:
(a) The license is renewed;
(b) The effective date of the
license is the expiration date; and
(c) The license is valid until
the last day of the anniversary month of the initial issues of the license.
(5) If an applicant satisfies
all requirements for license renewal within two years after the expiration date:
(a) The license will be renewed;
(b) The effective date of the
license is the date the agency updates the record; and000000000
(c) The license is valid until
the last day of the anniversary month of initial issuance of the license
(6) If an applicant satisfies
all requirements for renewal more than two years after the expiration date, the
license cannot be renewed or reissued. The applicant must apply for a new license
under OAR 808-003-0015.
Stat. Auth.: ORS 670.310 &
671.670

Stats. Implemented: ORS 671.568
& 671.574

Hist.: LCB 6-2005, f. 12-30-05,
cert. ef. 1-1-06; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08; LCB 6-2010, f. 8-12-10,
cert. ef. 8-13-10; LCB 4-2012, f. 5-30-12, cert. ef. 6-1-12
808-003-0231
Restoration of a License that has
not been Permanently Revoked
As provided in ORS 671.610(6) a license
that has not been permanently revoked may be restored. This rule shall be effective
as of July 1, 2012. The license may be restored under the following circumstances:
(1) Revocation for nonpayment
of a claim under a final order of the board or an arbitration award or under a judgment
rendered in this or any other state. To restore license, revoked licensee must pay
the claim under a final order of the board, arbitration award, or judgment rendered
in this or any other state in full, or make arrangements for payment of a claim
under a final order of the Board if approved by the Board. If restored licensee
fails to timely comply with payment arrangements approved by the Board, licensee
is subject to revocation, including permanent revocation.
(2) Revocation for non-payment
of civil penalty. To restore license, revoked licensee must pay all civil penalties
assessed and owing in full, or make arrangements for payment of civil penalty approved
by the board. If the restored licensee fails to timely comply with payment arrangements
approved by the Board, licensee is subject to revocation, including permanent revocation.
Stat. Auth.: ORS 670.310 & 671.760
Stats. Implemented: ORS 671.610
Hist.: LCB 12-2014, f. & cert.
ef. 12-1-14
808-003-0235
Inactive Status Generally
(1) A licensee may not convert a license to inactive status if the licensee is engaged in work as a landscape contracting business or is operating as a landscape construction professional;
(2) A licensee may not offer to undertake, advertise for, submit a bid to, obtain a permit for, or perform landscaping work while in inactive status;
(3) A licensee shall notify the board of any change of address while in inactive status. While the licensee is inactive, the board will send notices and communications to the licensee at the licensee's last known address of record.
(4) To convert to inactive status:
(a) A licensee must have a current active license or a license that expired less than two years prior to the request for inactive status;
(b) If the licensee was subject to discipline or probation by the board, the licensee must satisfy any conditions imposed by the board as a result of the discipline;
(c) The licensee must submit a request to convert to inactive status on forms provided by the board; and
(d) The licensee must comply with OAR 808-003-0240 or 808-003-0245.
Stat. Auth.: ORS 670.310 & 671.670

Stats. Implemented: ORS 671.568 & 671.574

Hist.: LCB 6-2005, f. 12-30-05, cert. ef. 1-1-06; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08; LCB 6-2010, f. 8-12-10, cert. ef. 8-13-10
808-003-0240
Inactive Status Request at Renewal
(1) A request to convert a license to inactive status made at the time of renewal of the license must be accompanied by fees required under OAR 808-003-0130.
(2) If a license is converted to inactive status at the time of renewal of the license, the effective date of the renewed license shall be the expiration date of the previous license.
Stat. Auth.: ORS 670.310 & 671.670

Stats. Implemented: ORS 671.568 & 671.574

Hist.: LCB 6-2005, f. 12-30-05, cert. ef. 1-1-06
808-003-0245
Inactive Status Request Other than at Renewal
(1) A request to convert a license to inactive status made prior to the expiration date of the license, but at a time other than the time of renewal of the license, will be accepted only if the licensee making the request has paid all applicable fees under OAR 808-003-0130.
(2) If a license is converted to inactive status prior to the expiration date of the license, but at a time other than the time of renewal of the license, the effective dates of the license will remain unchanged and the license will expire on the upcoming expiration date.
Stat. Auth.: ORS 670.310 & 671.670

Stats. Implemented: ORS 671.568 & 671.574

Hist.: LCB 6-2005, f. 12-30-05, cert. ef. 1-1-06
808-003-0250
Renewal of Inactive Status
To renew an inactive license in an inactive status:
(1) The licensee must submit the request to renew the license in inactive status on forms provided by the board;
(2) The licensee must submit the fees required under OAR 808-003-0130.
Stat. Auth.: ORS 670.310 & 671.670

Stats. Implemented: ORS 671.568 & 671.574

Hist.: LCB 6-2005, f. 12-30-05, cert. ef. 1-1-06
808-003-0255
Converting from Inactive to Active Status
(1) To convert a landscape contracting business license from inactive status to active status, a licensee must:
(a) Submit a request to convert to active status on forms provided by the board;
(b) Submit a surety bond, irrevocable letter of credit or deposit as required by ORS 671.690;
(c) Submit proof of insurance as required by ORS 671.565(1)(e); and
(d) Comply with all other licensing requirements as prescribed by the board.
(2) To convert a landscape construction professional license from inactive status to active status, a licensee must:
(a) Submit a request to convert to active status on forms provided by the board;
(b) Comply with the continuing education requirements of OAR 808-040-0080; and
(c) Comply with all other licensing requirements as prescribed by the Board.
(3) If a licensee requests conversion from an inactive to active status at the time of renewal, the licensee must submit all fees required under OAR 812-003-0130.
(4) If a licensee requests conversion from inactive to active status other than at the time of renewal, the licensee must be current to date upon all fees due and owing under OAR 812-003-0130.
(5) If a license is converted from inactive to active status, the board shall establish the effective date of the license. The expiration date of the license will remain unchanged.
Stat. Auth.: ORS 670.310 & 671.670

Stats. Implemented: ORS 671.568 & 671.574

Hist.: LCB 6-2005, f. 12-30-05, cert. ef. 1-1-06; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08; LCB 6-2010, f. 8-12-10, cert. ef. 8-13-10
808-003-0260
Independent Contractor
(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.
(3) Direction and Control Test.
(a) ORS 670.600 states that an "independent contractor" must be "free from direction and control over the means and manner" of providing services to others. The agencies that have adopted this rule will use the following definitions in their interpretation and application of the "direction and control" test:
(A) "Means" are resources used or needed in performing services. To be free from direction and control over the means of providing services an independent contractor must determine which resources to use in order to perform the work, and how to use those resources. Depending upon the nature of the business, examples of the "means" used in performing services include such things as tools or equipment, labor, devices, plans, materials, licenses, property, work location, and assets, among other things.
(B) "Manner" is the method by which services are performed. To be free from direction and control over the manner of providing services an independent contractor must determine how to perform the work. Depending upon the nature of the business, examples of the "manner" by which services are performed include such things as work schedules, and work processes and procedures, among other things.
(C) "Free from direction and control" means that the independent contractor is free from the right of another person to control the means or manner by which the independent contractor provides services. If the person for whom services are provided has the right to control the means or manner of providing the services, it does not matter whether that person actually exercises the right of control.
(b) Right to specify results to be achieved. Specifying the final desired results of the contractor's services does not constitute direction and control over the means or manner of providing those services.
(4) Application of "direction and control" test in construction and landscape industries.
(a) The provisions of this section apply to:
(A) Architects licensed under ORS 671.010 to 671.220;
(B) Landscape architects licensed under ORS 671.310 to 671.479;
(C) Landscaping businesses licensed under ORS 671.510 to 671.710;
(D) Engineers licensed under ORS 672.002 to 672.325; and
(E) Construction contractors licensed under ORS Chapter 701.
(b) A licensee described in (4)(a), that is paying for the services of a subcontractor in connection with a construction or landscape project, will not be considered to be exercising direction or control over the means or manner by which the subcontractor is performing work when the following circumstances apply:
(A) The licensee specifies the desired results of the subcontractor's services by providing plans, drawings, or specifications that are necessary for the project to be completed.
(B) The licensee specifies the desired results of the subcontractor's services by specifying the materials, appliances or plants by type, size, color, quality, manufacturer, grower, or price, which materials, appliances or plants are necessary for the project to be completed.
(C) When specified by the licensee's customer or in a general contract, plans, or drawings and in order to specify the desired results of the subcontractor's services, the licensee provides materials, appliances, or plants, including, but not limited to, roofing materials, framing materials, finishing materials, stoves, ovens, refrigerators, dishwashers, air conditioning units, heating units, sod and seed for lawns, shrubs, vines, trees, or nursery stock, which are to be installed by subcontractors in the performance of their work, and which are necessary for the project to be completed.
(D) The licensee provides, but does not require the use of, equipment (such as scaffolding or fork lifts) at the job site, which equipment is available for use on that job site only, by all or a significant number of subcontractors requiring such equipment.
(E) The licensee has the right to determine, or does determine, in what sequence subcontractors will work on a project, the total amount of time available for performing the work, or the start or end dates for subcontractors working on a project.
(F) The licensee reserves the right to change, or does change, in what sequence subcontractors will work on a project, the total amount of time available for performing the work, or the start or end dates for subcontractors working on a project.
(5) As used in ORS chapters 316, 656, 657,671 and 701, an individual or business entity that performs labor or services for remuneration is considered to perform the labor or services as an "independent contractor" if the standards of ORS 670.600 and this rule are met.
(6) The Landscape Contractors Board, Construction Contractors Board, Employment Department, Department of Consumer and Business Services, and Department of Revenue of the State of Oregon, under the authority of ORS 670.605, will cooperate as necessary in their compliance and enforcement activities to ensure among the agencies the consistent interpretation and application of ORS 670.600.
Stat. Auth.: ORS 670.600 & 671.670

Stats. Implemented: ORS 670.600

Hist.: LCB 5-2005, f. 12-30-05, cert. ef. 1-1-06; LCB 1-2007, f. 1-30-07, cert. ef. 2-1-07
808-003-0440
Notification of Conviction of a Crime
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

Hist.: LCCB 3-2007, f. & cert. ef. 8-1-07; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08
808-003-0450
License Fitness Standards
(1) In considering whether to sanction an applicant or licensee pursuant to ORS 671.610(1)(q), 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)(q). 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.
Stat. Auth.: ORS 670.310 & 671.670

Stats. Implemented: ORS 671.560, 671.565, 671.610 & 671.703

Hist.: LCCB 3-2007, f. & cert. ef. 8-1-07; LCB 10-2008, f. & cert. ef. 11-6-08
808-003-0610
Bonds, Generally
(1) A properly executed Landscape Contractors
Board bond must:
(a) Be in the form adopted
by the Landscape Contractors Board 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.
(2) Bond documents received
at the agency office from a surety company or agent via electronic facsimile may
be accepted as original documents. The surety must provide the original bond document
to the agency upon request.
(3) If a claim is filed against
a licensee for work done during the work period of a contract entered while the
security required under ORS 671.690 is in effect, the security must be held until
final disposition of the complaint.
Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 671.690
Hist.: LCB 7-2009, f. &
cert. ef. 10-28-09; LCB 11-2009(Temp), f. & cert. ef. 12-1-09 thru 5-30-10;
LCB 4-2010, f. & cert. ef. 6-2-10; LCB 7-2015(Temp), f. 10-16-15, cert. ef.
10-17-15 thru 12-31-15
808-003-0611
Letters of Credit or Deposits, Generally
(1) A properly executed Landscape Contracting Business Assignment of Savings or Deposit issued after January 1, 2010 must:
(a) Be in the form adopted by the Landscape Contractors Board as the Landscape Contracting Business Assignment of Savings Account or Deposit revised January 1, 2010. If issued prior to January 1, 2010, the revised form must be used upon the renewal of the document as required by subsection 3 of this rule.
(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
(2) Letters of credit or cash assignment documents received at the agency office from a bank or financial institution via electronic facsimile may be accepted as original documents. The bank or financial institution must provide the original documents to the agency upon request.
(3) Letters of credit or cash assignment documents must be renewed every year upon renewal of the landscape contracting business license.
Stat. Auth.: ORS 670.310 & 671.670

Stats. Implemented: ORS 671.690

Hist.: LCB 7-2009, f. & cert. ef. 10-28-09
808-003-0612
Entity Name Required on Bond, Letter of Credit or Cash Deposit
(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.
(2) The inclusion or exclusion of business name(s) on a bond, letter of credit or cash deposit does not limit the liability of a landscape contracting business. Claims against a licensed landscape contracting business will be processed regardless of business names used by an entity.
(3) If the bond, irrevocable letter of credit or deposit is reduced to less than the amount required by ORS 671.690 or OAR 808-003-0113, the landscape contracting business shall immediately file a replacement bond, a replacement irrevocable letter of credit, a rider on the existing bond, an amended irrevocable letter of credit, or increase the deposit permitted by ORS 671.690(3), if applicable, so that the amount on deposit is equal to or greater than the amount required by ORS 671.690 or OAR 808-003-0613.
Stat. Auth.: ORS 670.310 & 671.670

Stats. Implemented: ORS 671.690

Hist.: LCB 7-2009, f. & cert. ef. 10-28-09
808-003-0613
Bond, Letter of Credit or Cash Deposit Amounts
(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 or more for a landscape job.
(e) $15,000 for a Probationary All Phase Plus Backflow license phase.
(2) A landscape contracting business may obtain or maintain a bond, letter of credit or cash deposit in an amount that exceeds the amount required under section (1) of this rule if the bond, letter of credit or cash deposit obtained or maintained is in an amount that is equal to an amount required under section (1) of this rule.
(3) A landscape contracting business is subject to a higher bond, letter of credit or cash deposit before the landscape contracting business submits a bid or contract to a customer, whichever occurs first.
(4) A landscape contracting business must increase or file an additional bond, letter of credit or cash deposit when the cost of the landscape project makes the licensee subject to a higher bond, letter of credit or cash deposit.
Stat. Auth.: ORS 670.310 & 671.670

Stats. Implemented: ORS 671.690

Hist.: LCB 7-2009, f. & cert. ef. 10-28-09
808-003-0614
Effective and Cancellation Dates of the Bond, Letter of Credit or Cash Deposit
(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

Hist.: LCB 7-2009, f. & cert. ef. 10-28-09
808-003-0615
New Bond, Letter of Credit or Cash Deposit Required for Change in Entity
(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.
(2) Riders to existing bonds issued for changing the type of business entity bonded will only be accepted if a new license is not required per OAR 808-003-0100(3). If a new license is required the landscape contracting business must file a new bond.
Stat. Auth.: ORS 670.310 & 671.670

Stats. Implemented: ORS 671.690

Hist.: LCB 7-2009, f. & cert. ef. 10-28-09
808-003-0616
Restoration of Bond, Letter of Credit or Cash Deposit after Payment on Claim
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 808-003-0113; 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.
Stat. Auth.: ORS 670.310 & 671.670

Stats. Implemented: ORS 671.690

Hist.: LCB 7-2009, f. & cert. ef. 10-28-09
808-003-0620
Workers’ Compensation
Insurance
(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

Hist.: LCB 13-2011, f. 12-29-11,
cert. ef. 1-1-12

The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
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copyrighted by the Oregon Secretary of State. Terms
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