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LANDSCAPE ARCHITECT BOARD

 

DIVISION 1
PROCEDURAL RULES

804-001-0000
Notice Rule
Before adoption, amendment or repeal of any rule, the State Landscape Architect Board shall give notice of the intended action:
(1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date of the intended action.
(2) By mailing a copy of the notice to persons on the State Landscape Architect Board mailing list, established under ORS 183.335(7), at least 28 days before effective date of the rule.
(3) By mailing or furnishing a copy of the notice to:
(a) Oregon Chapter of the American Society of Landscape Architects;
(b) Capitol Press Room.
Stat. Auth.: ORS 183 & ORS 671

Stats. Implemented: ORS 183.333 & ORS 671.415

Hist.: LAB 2-1982, f. & ef. 6-24-82; LAB 1-1984, f. & ef. 1-5-84; LAB 2-1998, f. & cert. ef. 4-22-98
804-001-0002
Biennial Budget
Pursuant to the provisions of ORS 182.462,
following a public hearing held April 21, 2015, the Board adopts by reference the
Oregon State Landscape Architects Board 2015–2017 biennial budget of $428,103
covering the period July 1, 2015, through June 30, 2017. The Board Administrator,
with the approval of the Board, will amend budgeted accounts as necessary, within
the approved budget of $428,103, for the effective operation of the Board. The Board
will not exceed the approved budget amount without amending this rule, notifying
all registrants, and holding a public hearing. Copies of the budget are available
from the Board’s office.
Stat. Auth.: ORS 671.415, 182.462 &
670.310
Stats. Implemented: ORS 671.415
& 182.462 804-001-0002
Hist.: LAB 1-1997(Temp),
f. & cert. ef. 9-3-97; LAB 1-1998, f. & cert. ef. 2-5-98; LAB 1-2001 (Temp),
f. 12-24-01 cert. ef. 1-1-02 thru 5-1-02; Administrative correction 12-2-02; LAB
1-2005, f. & cert. ef. 2-14-05; LAB 2-2005, f. & cert. ef. 5-18-05; LAB
2-2007, f. 5-22-07, cert. ef. 7-1-07; LAB 1-2009, f. 6-15-09, cert. ef. 7-1-09;
LAB 1-2011, f. 5-31-11, cert. ef. 7-1-11; LAB 1-2013, f. 6-3-13, cert. ef. 7-1-13;
LAB 1-2015, f. 5-22-15, cert. ef. 7-1-15
 
804-001-0005
Model Rules of Procedure
The Attorney General's Model Rules of Procedure
under the Administrative Procedures Act, in effect on February 1, 2012, are adopted
as the rules of procedure for the State Landscape Architect Board.
Stat. Auth.: ORS 183, 671.310
- 671.459

Stats. Implemented: ORS 671.415

Hist.: LAB 2-1982, f. &
ef. 6-24-82; LAB 1-1984, f. & ef. 1-5-84; LAB 2-1986, f. & ef. 3-5-86; LAB
1-1989, f. 4-4-89, cert. ef. 4-7-89; LAB 3-2006, f. & cert. ef. 8-14-06; LAB
4-2008, f. & cert. ef. 11-7-08; LAB 2-2012, f. & cert. ef. 5-23-12
804-001-0014
Selection of Board Members
(1) Appointment of Board Members:
(a) A vacancy exists when a board member completes the term for that position, resigns, becomes incapacitated, or otherwise is incapable of performing the duties of a board member, or is removed from office or is not reappointed by the Governor prior to the expiration of the member's current term.
(b) A vacancy does not exist when an actively sitting board member completes the member's first or second full or partial term, so long as the member is reappointed by the Governor to a second or third term. A member who is eligible for reappointment to a second or third term shall give the board and the Governor written notice of intention to seek reappointment before the expiration of the member's term.
(2) Qualifications for Licensee Membership on the Board:
(a) A licensee is qualified to seek nomination for board membership if the licensee is registered by the board; has practiced as a registered landscape architect for a minimum of five years, and has lived in the State of Oregon for a least three years preceding appointment to the board.
(b) A licensee is not qualified for nomination to board membership if the licensee has been convicted, plead guilty, or plead nolo contendere to any criminal charge if the relationship of the facts which support the charge and all intervening circumstances tend to show that the licensee is not fit to hold the position, in the discretion of the board.
(c) A licensee is not qualified for nomination to board membership if the licensee, within the previous five years, has been disciplined by the board for a violation of ORS Chapter 671 or the rules adopted by the board.
Stat. Auth.: ORS 671.415

Stats. Implemented: 1997 SB 546

Hist.: LAB 3-1998, f. & cert. ef. 5-20-98 Suspended by LAB 1-2001(Temp), f. 12-24-01 cert. ef. 1-1-02 thru 5-1-02; LAB 1-2005, f. & cert. ef. 2-14-05; LAB 3-2006, f. & cert. ef. 8-14-06
804-001-0015
Election of Officers
The board may elect a Chair, Vice Chair and Treasurer once a year at the first board meeting held after July 1. The new Chair, Vice-Chair and Treasurer's terms will begin at the end of the meeting at which they are elected.
Stat. Auth.: ORS 183 & 671

Stats. Implemented: ORS 671.459

Hist.: LAB 1-1984, f. & ef. 1-5-84; Renumbered from 804-030-0025; LAB 2-1998, f. & cert. ef. 4-22-98; LAB 1-2001 (Temp), f. 12-24-01 cert. ef. 1-1-02 thru 5-1-02; Administrative correction 12-2-02; LAB 1-2005, f. & cert. ef. 2-14-05
804-001-0020
Public Records Requests
(1) All requests for copies of public
records in the custody of the Oregon State Landscape Architect Board (Board) shall
be made in writing to the Board Administrator. Written requests may be delivered
in person, by mail, by fax or by email. All requests are subject to disclosure according
to the Public Records Law.
(2) A public records request
may be submitted on a request form provided by the Board. If the form is not used,
the requestor must include the following information in the request:
(a) The name and address
of the person requesting the public record;
(b) The telephone number,
email address, and other relevant contact information for the person requesting
the public record;
(c) A sufficiently detailed
description of the records requested to allow the Board to search for and identify
the responsive records;
(d) The date the request
is submitted to the Board;
(e) Statement as to whether
the person making the request wants to inspect any responsive, non- exempt records
at the Board office or to receive copies of the records, and
(f) Signature of the person
making the request if the request is not made by email.
(3) A reasonable period of
time shall be allowed for the staff to locate and assemble the non- exempt public
records responsive to the request. The regular discharge of duties of the Board
will neither be interrupted nor substantially interfered with because of time and
effort required to respond to the request.
(4) The Board charges fees
for responding to public records requests which are reasonably calculated to cover
costs of the response and records provided. Fees are designed to cover the cost
of locating, reviewing, compiling, making available for inspection, preparing copies,
and delivering the response and public records. Fees are as follows:
(a) Twenty-five (25) cents
per page for photocopies, where a double-sided copy equals two (2) pages;
(b) One (1) dollar for the
first page faxed and fifty (50) cents for each additional page, limited to a 20-page
maximum, not including the cover page;
(c) At the Board Administrator’s
discretion, copies of public records may be provided electronically if stored in
the Board’s computer system. Electronic records may be provided by email or
by other means as deemed appropriate by the Board Administrator. Due to the potential
threat of computer viruses, the agency will not permit requestors to provide disks,
USB drives, or other electronic devices for reproduction of electronic records;
(A) The cost of records transmitted
by email is five (5) dollars per email, except when (6) of this rule applies, and
may contain as much information as the Board email system will handle per email.
(B) The cost of records transmitted
by other electronic means is five (5) dollars per device and may contain as much
information as the electronic device will hold.
(d) Estimated cost for delivery
of records such as postage and courier fees; and
(e) Labor charges that include
researching, locating, reviewing, compiling, editing and otherwise processing information
and records responsive to the request:
(A) No charge for the first
fifteen (15) minutes of staff time;
(B) After the first fifteen
(15) minutes, the staff labor rate is twenty-five (25) dollars per hour, with a
six dollars twenty-five cents (6.25) minimum;
(C) Actual attorney and other
legal fees and costs charged to the Board for review of the request, records, redacting
confidential materials from the public records, segregating the public records into
exempt and nonexempt records, and response.
(f) If fees are estimated
to be more than twenty-five (25) dollars, the requestor will be provided a written
cost estimate by Board staff before the Board responds to the request. The requestor
must then confirm to the Board in writing that the requestor wants the Board to
proceed with making the records available and understands the estimated fees. The
Board will not take further action on the request prior to receiving such confirmation
from the requestor.
(5) Fees for public records
requests must be paid as follows:
(a) Before the requested
public records will be made available for inspection or copies provided. The Board
Administrator may require pre-payment of estimated fees before taking further action
on a request.
(b) By check, money order,
or any credit card accepted by the Board office.
(c) If payment is rejected
by the bank or credit card company, the requesting party will be notified and be
responsible for any charges incurred by the Board as a result of the rejected payment.
This is in addition to the fees for response to the request.
(6) The Board Administrator
may waive or reduce fees for:
(a) Responses to requests
that can be provided with less than 15 minutes of staff time and in electronic format
via email delivery; or
(b) Responses to requests
that the Board Administrator determines are in the public interest because making
the public records available primarily benefit the general public or Board registrants.
Stat. Auth. ORS 192.430, 192.440, 192.502,
192.505, 182.466, 670.310
Stat. Implemented. ORS 192.430,
192.440, 192.502, 192.505
Hist.: LAB 1-1984, f. &
ef. 1-5-84; LAB 1-1989, f. 4-4-89, cert. ef. 4-7-89; LAB 1-1998, f. & cert.
ef. 2-5-98; LAB 2-2015, f. 8-17-15, cert. ef. 9-1-15

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contained in the Administrative Order filed at the Archives Division,
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published version are satisfied in favor of the Administrative Order.
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