Definitions

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_800/oar_804/804_003.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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LANDSCAPE ARCHITECT BOARD

 

DIVISION 3
DEFINITIONS

804-003-0000
Definitions
The definitions of terms used in ORS
671.310 to 671.459, and the rules of this chapter are:
(1) "Assumed or Fictitious
Name" — A false name taken as one's own.
(2) “Business entity”
— A sole proprietor Landscape Architect operating under either the registrant
name or an assumed business name or any corporation, limited liability company,
partnership, or other entity or association of persons providing landscape architectural
design or consulting services.
(3) "Deceit" — An attempt
to portray as true or valid something that is untrue or invalid.
(4) “Delinquent”
— A registrant who fails to renew his/her certificate on or before the renewal
date.
(5) “Direct Supervision”
— For purposes of chapter 804 divisions 10, 20, 22, 27and 50, this is supervision
provided by a licensed or registered Landscape Architect to a candidate or applicant
for either examination or registration, including a Landscape Architect-in-Training.
The supervising Landscape Architect must provide oversight, inspection, control,
and direction regarding the services and work being performed by the candidate or
applicant. This means the supervisor must:
(a) Be located in close proximity
to or be readily accessible to the candidate or applicant;
(b) Be in frequent communication
with the candidate or applicant;
(c) Ensure communications
with the candidate or applicant are responsive and include face-to-face, e-mail,
telephone, internet and other similar forms of direct communication; and
(d) Take responsibility for
the services or work done by the candidate or applicant including but not limited
to sealing and signing documents when required. The primary goals of direct supervision
are to assure that the candidate or applicant understands and is performing services
and work within the professional standard of practice and to ensure that public
health, safety, and welfare are protected.
(6) "Emeritus" — Retired
but retaining an honorary title corresponding to that held immediately before retirement.
(7) "Employing" — Hiring
a person, not an independent contractor, for compensation.
(8) "Fraud" — Intentional
perversion of truth in order to induce another to part with something of value or
to surrender a legal right.
(9) "Grossly Negligent" —
Reckless and wanton disregard for exercising care and caution.
(10) "Impersonate" —
To assume, without authority or with fraudulent intent, the identity of another
person.
(11) “In good standing”
— For purposes of ORS 671.376(4) and OAR 804-022-0025(1), 'in good standing'
means that the registrant when making the request for inactive status has a current
active unrestricted registration; is in compliance with all requirements for registration
including, but not limited to, payment of all required fees and compliance with
all continuing education requirements; and is not the subject of a pending board
investigation or action or the subject of a board order.
(12) Late fee: a fee assessed
when a payment is received after the date due.
(13) "Material Misrepresentation"
— An untrue statement that is significant under the circumstances.
(14) "Renewal of Registration"
— To annually maintain the current status of a valid registration or to bring
a delinquent certificate of registration to current, valid status.
(15) Year — for purposes
of qualifying work experience for examination or registration, a year is calculated
as one calendar year for full-time work (i.e., 40 hours per week on average) with
part-time work prorated (i.e., a year of experience takes two calendar years to
acquire at 20 hours per week on average) or the equivalent of 2,000 total hours
worked.
Stat. Auth.: ORS 1670.310,
671.415
Stats. Implemented: ORS 670.310 –
671.459
Hist.: LAB 1-1984, f. &
ef. 1-5-84; LAB 1-1985, f. & ef. 7-1-85; LAB 2-1986, f. & ef. 3-5-86; LAB
1-1989, f. 4-4-89, cert. ef. 4-7-89; LAB 1-2005, f. & cert. ef. 2-14-05; LAB
3-2006, f. & cert. ef. 8-14-06; LAB 1-2010, f. & cert. ef. 2-17-10; LAB
2-2010, f. & cert. ef. 10-19-10; LAB 2-2013(Temp), f. & cert. ef. 6-20-13
thru 12-17-13; LAB 5-2013, f. & cert. ef. 12-12-13; LAB 1-2014, f. & cert.
ef. 11-19-14

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