Chapter 671 — Architects; Landscape Professions and Business

 

2023 EDITION

 

 

ARCHITECTS; LANDSCAPE PROFESSIONALS

 

OCCUPATIONS AND PROFESSIONS

 

ARCHITECTS

 

671.010     Definitions

 

671.020     Prohibition on engaging in practice of architecture or use of title without valid certificate of registration; exceptions; stamp as indication of responsible control; rules

 

671.025     Certain technical submissions to carry stamp; identification; retention of documentation

 

671.030     Activities not considered as “practice of architecture”; rules

 

671.041     Certificate of registration for business entity; requirements and procedure; display of certificate; registration of foreign architectural firm; responsible control by registered architect; use of stamp; restrictions on assumed business names; rules

 

671.045     Liability of architectural firm

 

671.047     Application of general corporation law to architectural firms

 

671.050     Application for certificate of registration; qualifications; rules

 

671.065     Certification based on recognition by national council or other jurisdictions; foreign architects; notice

 

671.080     Renewal; fee; effect of failure to renew; inactive status; rules

 

671.085     Fees; rules

 

671.090     Prohibitions; board investigations; confidentiality and allowable disclosures; violations; penalties

 

671.100     Disciplinary authority of board; charges

 

671.120     State Board of Architect Examiners; members; term; chair

 

671.125     Rulemaking authority of board

 

671.220     Board action to enjoin violations; standing to bring action related to practice of architecture; person’s representation as member in or affiliate of professional or trade organization

 

LANDSCAPE ARCHITECTS

 

671.310     Definitions for ORS 671.310 to 671.459

 

671.312     Purpose of ORS 671.310 to 671.459, 671.992 and 671.995

 

671.316     Registration requirement for practice of landscape architecture; registration as landscape architect in training; rules

 

671.318     Businesses providing landscape architecture services

 

671.321     Activities not considered practice of landscape architecture

 

671.325     Application for registration; fee

 

671.335     Examination; qualifications for registration; rules

 

671.338     Confidentiality of application, examination and investigatory information

 

671.345     Registration based on recognition by other jurisdictions; fee

 

671.365     Fees; rules

 

671.376     Renewal; fee; late fee; failure to renew; rules; inactive status

 

671.379     Stamps

 

671.393     Code of professional conduct; rules; publication; effect; revision

 

671.395     Continuing education; fee

 

671.404     Grounds for refusal to register or renew or for suspension

 

671.408     Disciplinary actions

 

671.412     Public contract requirements

 

671.415     Rulemaking authority

 

671.425     Issuance of registration after revocation

 

671.442     Arbitration; effect; costs

 

671.445     Investigation of complaints

 

671.447     Persons supplying information to board or advisory committee

 

671.459     State Landscape Architect Board; members; chair; term

 

LANDSCAPE CONSTRUCTION PROFESSIONALS AND LANDSCAPE CONTRACTING BUSINESSES

 

(Generally)

 

671.510     Short title

 

671.520     Definitions for ORS 671.510 to 671.760

 

671.522     Artificial turf

 

671.524     Landscape irrigation systems

 

(Licensure)

 

671.525     Applicant for landscape contracting business license required to be independent contractor; classes of licensees

 

671.527     Applicant for landscape contracting business license workers’ compensation coverage

 

671.530     Licensing requirements; use of title; scope of landscape construction professional license

 

671.540     Application of ORS 671.510 to 671.760

 

671.543     Subcontracting

 

671.550     Authority of board to investigate; confidentiality of information

 

671.555     Investigation of person engaged in landscape contracting business; procedures; orders to stop work

 

671.557     Injunctive relief

 

671.560     Issuance of license; application form; limited or specialty license; rules; exemption

 

671.561     Practical skills testing; fees

 

671.562     Landscape contracting business workers’ compensation coverage

 

671.563     Applicant notice of unpaid judgments, awards and orders; rules

 

671.565     Landscape contracting business license application process and information requirements

 

671.568     Inactive status for landscape contracting business license

 

671.570     Qualifications for landscape construction professional license; fee; rules

 

671.571     Probationary license

 

671.572     Alternative licensing standards for person licensed as construction contractor

 

671.574     Inactive status for landscape construction professional license

 

671.575     License required to obtain judicial or administrative remedy; exception

 

671.578     Suit for damages for misrepresentation; attorney fees

 

671.580     Landscape construction professional license not transferable

 

671.590     Reciprocal landscape construction professional licensing

 

671.595     Coursework and examination requirements for noncontractor owners and managing employees; notice of duty changes; rules

 

671.600     New landscape contracting business license required upon change of ownership; notification of change of address

 

671.603     Persons required to give notification of change of address; communications delivered to last-known address

 

671.605     Effect of change in partners or corporate owners; fee

 

671.607     License refusal or suspension for landscape contracting business debt; rules

 

671.610     Grounds for sanctions against licensee; suspension or refusal of license without prior hearing; hearing; effect of revocation; civil penalty; rules

 

671.613     Sanction for failure to comply with certain laws; civil penalty

 

671.614     Placement on probation; conditions; failure to fulfill conditions

 

671.615     Installation of backflow assemblies; qualification rules

 

671.617     Examination for backflow assembly installer license

 

671.625     Minimum standards for contracts and billings; rules; compliance; effect of noncompliance

 

671.627     Rescission of contract with landscape contracting business; deadline; written notices between parties; prohibitions; rules

 

(Landscape Contractors Board)

 

671.630     State Landscape Contractors Board; members

 

671.650     License fees

 

671.655     Deposit of moneys

 

671.660     Renewal of licenses; effect of lapse; penalty fees

 

671.670     Rulemaking authority

 

671.676     Continuing education; rules

 

671.681     Advisory and technical committees

 

(Claims)

 

671.690     Surety bond, letter of credit or other security

 

671.695     Types of claims

 

671.700     Notice of claim; timeliness; board authority over dispute

 

671.701     Claims against business holding dual licensing

 

671.703     Investigation of claim; resolution processes; dismissal of claim; rules

 

671.707     Actions following final order of board

 

671.710     Priority on satisfaction of claims

 

(Local Business Licenses)

 

671.750     Portland metropolitan area business licenses

 

671.755     Issuance of business license by metropolitan service district; city business license tax

 

671.760     Business income tax

 

PENALTIES

 

671.990     Penalties for violations of ORS 671.010 to 671.220 or 671.530

 

671.992     Criminal penalties for violations of ORS 671.310 to 671.459

 

671.995     Civil penalties for violations of ORS 671.310 to 671.459

 

671.997     Civil penalties for violations of ORS 671.510 to 671.760

 

ARCHITECTS

 

      671.010 Definitions. As used in ORS 671.010 to 671.220:

      (1) “Architect” means a registered architect or a foreign architect.

      (2) “Architectural firm” means a business entity that, for compensation, provides the services of an architect or engages in the practice of architecture.

      (3) “Building” means a structure that has the purpose of supporting or sheltering any use or occupancy.

      (4) “Business entity” means a partnership, limited partnership, corporation, professional corporation, limited liability company, business trust, joint venture or other form of business organization the constituent parts of which share a common economic interest.

      (5) “Construction phase services” means services an architect provides for the purpose of determining that construction work on a building is proceeding generally in accordance with requirements set forth in a technical submission.

      (6) “Foreign architect” means a person that has a valid license or registration from a jurisdiction other than this state that authorizes the person to engage in the practice of architecture within the jurisdiction that issued the license or registration.

      (7) “Foreign architectural firm” means a business entity that has a valid license or registration from a jurisdiction other than this state that authorizes the business entity to engage in the practice of architecture within the jurisdiction that issued the license or registration.

      (8) “Practice of architecture” means engaging in the art and science of designing, in whole or in part, buildings and the space within and appurtenant to buildings and providing related services that include, but are not limited to, planning, developing design concepts, preparing technical submissions and other documents that define a building’s form and function, coordinating construction work and the work of other consultants and providing construction phase services.

      (9) “Registered architect” means an individual who has a valid certificate of registration issued by the State Board of Architect Examiners under ORS 671.010 to 671.220 that authorizes the individual to engage in the practice of architecture within this state.

      (10) “Registered architectural firm” means a business entity that has a valid certificate of registration issued by the State Board of Architect Examiners under ORS 671.010 to 671.220 that authorizes the business entity to engage in the practice of architecture within this state.

      (11) “Responsible control” means a degree of control over an operation that is consistent with the scope of a registered architect’s professional knowledge and the application of a registered architect’s professional standard of care.

      (12) “State building code” has the meaning given that term in ORS 455.010.

      (13) “Technical submission” means a plan, design, drawing, blueprint or other document that an architect prepares in connection with the practice of architecture and submits to a regulatory authority to comply with the state building code, a municipal building code or related rules, ordinances, resolutions or other regulatory requirements. [Amended by 1957 c.408 §1; 1961 c.585 §1; 1977 c.803 §1; 2003 c.763 §1; 2013 c.196 §1; 2023 c.70 §1]

 

      671.020 Prohibition on engaging in practice of architecture or use of title without valid certificate of registration; exceptions; stamp as indication of responsible control; rules. (1) Except as provided in subsection (2) of this section, an individual or business entity that does not have a valid certificate of registration from the State Board of Architect Examiners may not:

      (a) Engage in the practice of architecture within this state;

      (b) Assume or use a title, form of address or other designation within this state that indicates or reasonably could be understood to indicate that the individual is an architect or that the individual or business entity engages in the practice of architecture; or

      (c) State, declare, represent or otherwise purport in any title, sign, card, device, advertisement or other indication of the individual’s or the business entity’s business or occupation that the individual is an architect or that the individual or business entity engages in the practice of architecture within this state.

      (2) An individual who does not have the certificate of registration under subsection (1) of this section may engage in the practice of architecture within this state and use a designation that indicates that the individual is an architect or engages in the practice of architecture if the individual:

      (a) Is a foreign architect;

      (b) Has a written agreement of affiliation with a registered architect or registered architectural firm under which the registered architect or registered architectural firm has responsible control over all aspects of the architectural services the individual provides; and

      (c) Uses the designation “foreign architect, in consultation with” followed by the name of a registered architect and the registered architect’s registered architectural firm, if any, on all technical submissions, advertisements or other communications that purport to identify the foreign architect’s profession, occupation or business within this state.

      (3) Upon receiving a certificate of registration from the board, a registered architect shall obtain a stamp that conforms with a design that the board specifies by rule. The stamp, when accompanied by the registered architect’s signature on any technical submission, constitutes the registered architect’s attestation that the registered architect has responsible control over the content of the technical submission. The registered architect is responsible for controlling the custody and use of the stamp.

      (4) A registered architect may engage in the practice of architecture only under the registered architect’s own name, as that name appears on the certificate of registration, except that the registered architect may practice under the name or assumed business name of a registered architectural firm, as provided in ORS 671.041. [Amended by 1955 c.407 §1; 1957 c.408 §2; 1961 c.585 §4; 1971 c.587 §1; 1977 c.803 §2; 1979 c.354 §1; 2003 c.763 §2; 2013 c.196 §2; 2023 c.70 §2]

 

      671.025 Certain technical submissions to carry stamp; identification; retention of documentation. (1) Any person applying for a license or permit required under the laws of this state or under the ordinances of any jurisdiction in this state within which the person proposes to erect, construct, enlarge, alter, repair, move, improve, remove or convert a building shall submit an original or reproduction of the technical submissions for the work proposed. The technical submissions must:

      (a) Bear the stamp and signature of a registered architect if the services of a registered architect are required under ORS 671.010 to 671.220; and

      (b) Be sufficiently clear to indicate the nature and extent of the work proposed and that the work proposed conforms with the requirements of ORS 671.010 to 671.220, the state building code and any other applicable laws and ordinances.

      (2) The technical submissions must bear identification that includes, but is not limited to:

      (a) The project name and location;

      (b) The name, address and telephone number of the person responsible for preparing the technical submissions, including technical submissions the person prepared on behalf of another person;

      (c) The name, address and telephone number of the owner; and

      (d) The date the documents were issued.

      (3) Each jurisdiction that requires the issuance of a permit as a condition precedent to the construction, alteration, improvement or repair of any building or structure shall require the signature and an impression of the stamp described in ORS 671.020 (3) on the technical submissions from a person authorized to prepare the technical submissions.

      (4) The registered architect’s stamp and signature on the technical submissions constitute compliance with this section.

      (5) An architect shall retain, for a period of not less than 10 years following the completion of the project for which the architect submitted technical submissions, records and documentation that demonstrate the architect’s responsible control over the preparation of the technical submissions. [1961 c.585 §3; 1977 c.803 §3; 1991 c.910 §1; 2013 c.196 §3; 2023 c.70 §3]

 

      671.030 Activities not considered as “practice of architecture”; rules. (1) ORS 671.010 to 671.220 do not apply to the practice of marine, naval or landscape architecture.

      (2) ORS 671.010 to 671.220 do not prohibit:

      (a) An employee of a registered architect from acting under the registered architect’s instruction, control or supervision. An employee who is not a registered architect may not use the designation “architect,” “registered architect” or “foreign architect” or the words “architecture” or “architectural” to describe the employee’s work unless a rule of the State Board of Architect Examiners provides otherwise.

      (b) A person that is not an architect from preparing technical submissions or providing construction phase services related to erecting, enlarging or altering a building or an appurtenance to a building if the building or the appurtenance:

      (A) Is a single family residential dwelling or farm building;

      (B) Is a structure used in connection with or auxiliary to a single family residential dwelling or farm building, including but not limited to a three-car garage, barn or shed or a shelter used for the housing of domestic animals or livestock; or

      (C) Has a ground area of 4,000 square feet or less and is not more than 20 feet in height from the top surface of lowest flooring to the highest interior overhead finish.

      (c) A person from planning, designing, specifying or observing the alterations or repairs to a building if:

      (A) The structural part of the building, including but not limited to the foundation walls, floors, roof, footings, bearing partitions, beams, columns and joists, is not involved;

      (B) The building code classification by use or occupancy of the building is not changed; and

      (C) The building code classification by type of construction of the building is not changed.

      (d) A contractor from directing the work of erecting, enlarging or altering a building, or an appurtenance to a building, under the observation of a registered architect.

      (e) A person practicing marine, naval or landscape architecture from purporting to be a marine, naval or landscape architect if the work is confined and limited to those classifications.

      (f) A construction contractor licensed under ORS chapter 701 from offering services constituting the practice of architecture if:

      (A) The construction contractor’s offer discloses in writing that the construction contractor is not an architect and identifies the registered architect or registered architectural firm that will provide the architectural services;

      (B) The services are ancillary to construction services the construction contractor will provide; and

      (C) A registered architect or registered architectural firm provides the services constituting the practice of architecture. [Amended by 1955 c.407 §2; 1957 c.408 §3; 1987 c.158 §134; 1991 c.910 §2; 2001 c.362 §1; 2003 c.763 §3; 2013 c.196 §4; 2023 c.70 §4]

 

      671.040 [Amended by 1961 c.585 §5; 1965 c.303 §1; repealed by 1969 c.596 §1 (671.041 enacted in lieu of 671.040)]

 

      671.041 Certificate of registration for business entity; requirements and procedure; display of certificate; registration of foreign architectural firm; responsible control by registered architect; use of stamp; restrictions on assumed business names; rules. (1) A business entity may apply to the State Board of Architect Examiners for a certificate of registration that authorizes the business entity to engage in the practice of architecture within this state as a registered architectural firm.

      (2) The board by rule shall specify:

      (a) The manner in which and the procedures under which a business entity may apply for a certificate of registration under subsection (1) of this section;

      (b) The form and content of all application materials;

      (c) The period during which a registration remains valid;

      (d) Fees to apply for registration and to renew registration;

      (e) Conditions or qualifications under which the board grants or denies registration; and

      (f) Any other matter related to the registration of a business entity that the board deems necessary to specify.

      (3) If an applicant under subsection (1) of this section meets the qualifications and conditions the board establishes for registration, the board shall issue a certificate of registration to the applicant. A registered architectural firm shall display a copy of the certificate of registration at each of the registered architectural firm’s places of business within this state.

      (4)(a) A foreign architectural firm may offer to provide in this state services that constitute the practice of architecture, and may assume or use a name, form of address or other designation within this state that indicates or reasonably could be understood to indicate that the foreign architectural firm is an architectural firm or engages in the practice of architecture, if the foreign architectural firm provides a notice in writing to each person that responds to or accepts the offer that states that the foreign architectural firm is not a registered architectural firm.

      (b) Notwithstanding the permission given under paragraph (a) of this subsection, a foreign architectural firm may not engage in the practice of architecture in this state without a certificate of registration.

      (5) A business entity that provides services in this state that constitute the practice of architecture may provide the services only through, or under the responsible control of, an owner or employee of the business entity who is a registered architect.

      (6) Any technical submission that a registered architectural firm submits to comply with a requirement under the laws of this state, or an ordinance or other law of a jurisdiction in this state, must bear the stamp of a registered architect who has responsible control of the technical submission and must display the name of the registered architectural firm.

      (7) A registered architectural firm may not have, use, display or communicate a name or assumed business name that includes the name of an individual who was not previously or is not currently an owner, employee or otherwise in a contractual relationship with the registered architectural firm under which the individual previously engaged in or currently engages in the practice of architecture in this state. [1969 c.596 §2 (enacted in lieu of 671.040); 1971 c.587 §2; 1977 c.803 §4; 1985 c.764 §2; 1991 c.910 §3; 1995 c.327 §§ 1,6; 2013 c.196 §5; 2023 c.70 §5]

 

      671.045 Liability of architectural firm. ORS 671.041 to 671.047 do not affect the law applicable to the professional relationship and liabilities between an architect or architectural firm rendering professional service in the practice of architecture and a person receiving the architect’s or architectural firm’s service, and ORS 671.041 to 671.047 do not affect the standards of professional conduct that apply to architects or architectural firms. A shareholder, director, member, officer, employee or agent of an architectural firm may be held personally liable for negligent or wrongful acts or misconduct committed by the shareholder, director, member, officer, employee or agent, or by a person under the direct supervision and control of the shareholder, director, member, officer, employee or agent, while rendering professional service on behalf of the architectural firm to a person receiving the service the same as though the service were being rendered by an individual. A shareholder, director, member or officer may also be held liable for negligent or wrongful acts or misconduct in participation with such acts or misconduct of another shareholder, director, member or officer of the architectural firm. The architectural firm is jointly and severally liable up to the full value of the architectural firm’s assets for the architectural firm’s acts or misconduct, but the shareholders, directors, members, officers, employees and agents of the architectural firm are not personally liable for the debts or other contractual obligations of the architectural firm. [1969 c.596 §3; 1977 c.803 §5; 1991 c.910 §4; 1997 c.249 §203; 2023 c.70 §6]

 

      671.047 Application of general corporation law to architectural firms. Unless inconsistent with ORS 671.041 to 671.047, ORS chapters 58, 60, 62, 63, 65, 67 and 70 apply as appropriate to the form of business entity in which an architectural firm is organized. The provisions of ORS 671.041 to 671.047 take precedence in governing the powers, privileges, duties, restrictions and liabilities of an architectural firm over conflicting provisions of ORS chapter 58, 60, 62, 63, 65, 67 or 70. [1969 c.596 §4; 1977 c.803 §6; 2023 c.70 §7]

 

      671.050 Application for certificate of registration; qualifications; rules. (1) Any individual desiring the right to engage in the practice of architecture in this state shall apply to the State Board of Architect Examiners for a certificate of registration. To obtain a certificate of registration, the individual must:

      (a) Complete an application with documentation that, in the board’s judgment, shows that the applicant successfully completed an education program, an experience program and an examination that meet standards the board specifies by rule; and

      (b) Pay an application fee in an amount the board specifies by rule.

      (2) The board by rule shall specify:

      (a) The manner in which and the procedures under which an individual may apply for a certificate of registration under subsection (1) of this section;

      (b) The form and content of all application materials;

      (c) The period during which a registration remains valid;

      (d) Fees to apply for registration and to renew registration;

      (e) Conditions or qualifications under which the board grants or denies registration; and

      (f) Any other matter related to the registration of an individual that the board deems necessary to specify.

      (3) If the board determines that the individual is qualified to engage in the practice of architecture in this state, the board shall issue a certificate of registration to the individual.

      (4) In specifying standards for an examination under this section, the board may adopt the examination and the recommended grading procedures of the National Council of Architectural Registration Boards. [Amended by 1973 c.827 §62; 1973 c.832 §21; 1974 c.36 §20; 1977 c.803 §7; 2013 c.196 §6; 2023 c.70 §8]

 

      671.060 [Amended by 1973 c.832 §22; 2013 c.196 §7; repealed by 2023 c.70 §20]

 

      671.065 Certification based on recognition by national council or other jurisdictions; foreign architects; notice. (1) The State Board of Architect Examiners may grant a certificate of registration without examination to any individual who is not registered to engage in the practice of architecture in this state but is certified by the National Council of Architectural Registration Boards or has lawfully been issued a license or certificate to engage in the practice of architecture in another jurisdiction of the United States or another country that has qualifications and licensing examinations substantially similar to those required in this state.

      (2)(a) A foreign architect who does not have a certificate of registration under ORS 671.020 may offer to provide in this state services that constitute the practice of architecture, and may assume or use a title, form of address or other designation within this state that indicates or reasonably could be understood to indicate that the foreign architect is an architect or that the foreign architect engages in the practice of architecture, if the foreign architect provides a notice in writing to each person that responds to or accepts the offer that states that the foreign architect is not a registered architect.

      (b) Notwithstanding the permission given in paragraph (a) of this subsection, a foreign architect may not engage in the practice of architecture in this state without a certificate of registration. [1977 c.803 §9; 2003 c.763 §4; 2023 c.70 §9]

 

      671.070 [Repealed by 1977 c.803 §18 and 1977 c.842 §14]

 

      671.080 Renewal; fee; effect of failure to renew; inactive status; rules. (1)(a) A registered architect must periodically renew the registration described in ORS 671.020 by submitting to the State Board of Architect Examiners, on or before the renewal date the board establishes by rule:

      (A) An application for renewal;

      (B) Any fees the board authorizes under ORS 671.085; and

      (C) Evidence satisfactory to the board that the registered architect has complied with any continuing education requirements the board adopted under ORS 671.125, unless the board waives the continuing education requirements.

      (b) The board shall renew the registered architect’s certificate of registration after the applicant complies with the requirements described in paragraph (a) of this subsection.

      (2) If a registered architect does not renew the certificate of registration on or before the renewal deadline the board establishes by rule, the certificate of registration expires on the 61st day after the renewal deadline.

      (3)(a) A person is no longer a registered architect and forfeits the right to engage in the practice of architecture in this state if, for a period of more than 60 days after a renewal deadline, the person fails to pay a renewal fee or any late fee the board imposes or if the person fails to submit evidence satisfactory to the board of the person’s compliance with continuing education requirements the board adopts under ORS 671.125, unless the board waives the continuing education requirements.

      (b) The board may reinstate as a registered architect a person that failed to renew the person’s certificate of registration only if the person passes any examination the board requires, the person complies with any continuing education requirements the board adopted under ORS 671.125 and the person pays all outstanding renewal fees, late fees and penalties.

      (4) The board may grant inactive status to any registered architect who ceases to engage in the practice of architecture and, while in good standing, submits to the board a written request for inactive status. The registered architect may resume practice by passing any examinations the board requires, complying with any continuing education requirements the board adopts under ORS 671.125 and paying any required fees and penalties. [Amended by 1957 c.408 §4; 1973 c.832 §23; 1977 c.803 §10; 1977 c.873 §2a; 1991 c.910 §5; 1997 c.643 §10; 1999 c.802 §§2,3; 2003 c.763 §5; 2013 c.196 §8; 2023 c.70 §10]

 

      671.085 Fees; rules. The State Board of Architect Examiners may impose fees that are reasonable and necessary to aid in the administration of ORS 671.010 to 671.220 and to regulate the practice of architecture in this state. The fees may include, but are not limited to, fees for accepting and processing applications and issuing and renewing certificates of registration. [1973 c.832 §20; 1977 c.803 §11; 1981 c.121 §3; 1983 c.50 §1; 1989 c.795 §1; 1991 c.703 §17; 1997 c.643 §11; 2003 c.14 §412; 2003 c.763 §6; 2013 c.196 §9; 2023 c.70 §11]

 

      671.090 Prohibitions; board investigations; confidentiality and allowable disclosures; violations; penalties. (1) A person may not:

      (a) Use fraud or deception in applying for a certificate of registration or in passing an examination required under ORS 671.010 to 671.220.

      (b) Falsely impersonate a registered architect or engage in the practice of architecture in this state without a certificate of registration from the State Board of Architect Examiners.

      (c) Engage in the practice of architecture in this state under an assumed or fictitious business name without registering the assumed or fictitious business name under ORS chapter 648.

      (d) Demonstrate fraud, deceit, gross negligence, incompetency or misconduct in the practice of architecture or in the provision of architectural services.

      (e) Willfully evade or attempt to evade any law, ordinance, code or regulation of this state, or of counties and cities of this state, that govern the construction of buildings.

      (f) Stamp or sign any technical submissions unless the person is a registered architect and prepared the technical submissions or caused the technical submissions to be prepared under the person’s direct control and supervision.

      (g) Receive rebates, commissions, grants of moneys or favors to which the person is not entitled or is not justified in receiving, if the person is a registered architect and is doing work for another person that is unaware of the rebate, commission, moneys or favor.

      (h) Engage in the practice of architecture or the provision of architectural services in a manner contrary to the provisions and requirements of ORS 671.010 to 671.220.

      (i) Fail to comply with any continuing education requirements the board adopts under ORS 671.125, unless the board waives the requirements.

      (j) Be convicted of any crime under circumstances that relate to the practice of architecture or the provision of architectural services.

      (k) Be the subject of a final order in a disciplinary action that suspends or revokes the person’s right to engage in the practice of architecture in another jurisdiction.

      (L) Engage in conduct that the board determines is unprofessional or dishonorable.

      (m) Violate a provision of ORS 671.010 to 671.220, a rule the board adopts under ORS 671.010 to 671.220 or an order the board issues under the authority of ORS 671.010 to 671.220.

      (2)(a) The board may investigate, at the board’s own initiative or in response to a complaint under ORS 671.100, any conduct that the board reasonably determines constitutes or could constitute a violation of a provision of subsection (1) of this section.

      (b) Except as provided in paragraphs (c) and (d) of this subsection, information the board obtains or receives in an investigation under paragraph (a) of this subsection is confidential and is not subject to disclosure under ORS 192.311 to 192.478 unless the public interest requires the disclosure.

      (c) The board may disclose information described in paragraph (b) of this subsection if:

      (A) The investigation results in a proceeding for which the board gives notice under ORS 183.413; or

      (B) The board issues a finding or final order related to matters the board investigated under paragraph (a) of this subsection.

      (d) The board may disclose the fact that the board is conducting an investigation under paragraph (a) of this subsection to the subject of the investigation and to the public and may describe in the disclosure the general nature of the matter the board is investigating.

      (3)(a) If the board determines that a person has violated a provision of subsection (1) of this section, the board may:

      (A) Refuse to issue or renew a certificate of registration to the person or to reinstate a certificate of registration the board previously issued to the person;

      (B) Suspend or revoke the person’s certificate of registration; or

      (C) Reprimand or otherwise discipline the person.

      (b) In addition to taking an action set forth in paragraph (a) of this subsection, the board may impose a civil penalty under ORS 671.990 upon a person that violates subsection (1) of this section.

      (4) Actions the board takes under subsection (3) of this section:

      (a) Are subject to all applicable provisions of ORS chapter 183 including, but not limited to, a requirement to afford the subject of the action an opportunity for a hearing and the requirements for judicial review of any order of the board; and

      (b) May be cumulative and are in addition to and not in lieu of any other applicable penalty or liability to which a person is subject for a violation of the laws of this state. [Amended by 1973 c.832 §24; 1977 c.803 §12; 1979 c.354 §2; 1999 c.802 §5; 2003 c.165 §1; 2013 c.196 §10; 2023 c.70 §12]

 

      671.100 Disciplinary authority of board; charges. (1) Any person may submit to the State Board of Architect Examiners a complaint against a registered architect. The complaint must be in writing and be sworn to by the complainant. The board shall review the complaint at the next regular board meeting following receipt of the complaint.

      (2) Submitting a complaint under subsection (1) of this section does not give the claimant a particular priority for resolution of the complaint or restrict or prevent the board from acting on a complaint other than the complaint submitted under subsection (1) of this section. [Amended by 1971 c.734 §105; 2013 c.196 §11; 2023 c.70 §13]

 

      671.105 [1971 c.734 §107; 2013 c.196 §12; repealed by 2023 c.70 §20]

 

      671.110 [Amended by 1955 c.407 §3; repealed by 1971 c.734 §21]

 

      671.120 State Board of Architect Examiners; members; term; chair. The State Board of Architect Examiners shall operate as a semi-independent state agency subject to ORS 182.456 to 182.472 for the purpose of carrying out ORS 671.010 to 671.220. The board shall be composed of seven members appointed by the Governor to four-year terms with three terms maximum. Before a member’s term expires, the Governor shall appoint a member with a term that is effective on September 1 of the year in which the previous member’s term expires. If a vacancy occurs on the board for any cause, the Governor shall appoint a member for the remainder of the unexpired term. The chair of the board must be elected by the board from among the current members. The board shall have as members:

      (1) Five architects who are residents of this state; and

      (2) Two members of the general public. [Amended by 1963 c.580 §24; 1971 c.753 §25; 1977 c.803 §13; 1981 c.121 §2; 1987 c.414 §41; 1991 c.910 §6; 1993 c.18 §144; 1997 c.643 §12; 1999 c.1084 §57; 2023 c.70 §14]

 

      671.125 Rulemaking authority of board. In accordance with ORS chapter 183, the State Board of Architect Examiners may:

      (1) Adopt reasonable rules necessary for the administration of the laws the board is charged with administering; and

      (2) Adopt reasonable rules prescribing standards of professional conduct for architects and rules requiring continuing professional education for architects. In adopting rules under this subsection, the board shall consider national standards and practices as a means of facilitating reciprocal registration and licensing of architects among jurisdictions recognized by the board. The board shall also consider local practices. [1977 c.803 §15; 1999 c.802 §1; 2013 c.196 §13; 2023 c.70 §15]

 

      671.130 [Amended by 1963 c.580 §25; repealed by 1971 c.753 §74]

 

      671.140 [Amended by 1969 c.596 §5; repealed by 1971 c.753 §74]

 

      671.150 [Amended by 1957 c.408 §5; 1969 c.596 §6; repealed by 1971 c.753 §74]

 

      671.160 [Repealed by 1971 c.753 §74]

 

      671.165 [1961 c.431 §27; repealed by 1971 c.753 §74]

 

      671.170 [Amended by 1961 c.585 §6; repealed by 1971 c.753 §74]

 

      671.180 [Repealed by 1961 c.585 §8]

 

      671.190 [Amended by 1957 c.408 §6; 1969 c.314 §73; repealed by 1971 c.753 §74]

 

      671.200 [Repealed by 1971 c.753 §74]

 

      671.210 [Amended by 1955 c.407 §4; repealed by 1971 c.753 §74]

 

      671.220 Board action to enjoin violations; standing to bring action related to practice of architecture; person’s representation as member in or affiliate of professional or trade organization. (1) If the State Board of Architect Examiners determines that a person is engaging in or is about to engage in an activity that violates ORS 671.020 or 671.041, the board may bring an action to restrain the activity or proposed activity. An appropriate circuit court may issue an injunction without proof of actual damages, but the injunction does not relieve the defendant in the action from the imposition of a civil penalty for a violation of ORS 671.010 to 671.220.

      (2) A person may not bring or maintain an action related to the practice of architecture in a court of this state unless the person alleges and proves that at the time the person engaged in the practice of architecture, the person was a registered architect or was a foreign architect acting in compliance with ORS 671.020. An architectural firm may not bring or maintain an action related to the practice of architecture in a court of this state unless the architectural firm was a registered architectural firm at the time the architectural firm engaged in the practice of architecture.

      (3) ORS 671.010 to 671.220 do not prevent a person from representing the person’s membership in or affiliation with any bona fide professional or trade organization unless the person makes the representation to advance the person’s unlawful practice of architecture or unlawful attempt to engage in the practice of architecture. [Amended by 1961 c.585 §7; 1977 c.803 §16; 1983 c.389 §3; 1989 c.795 §§2,5; 1991 c.734 §64; 1995 c.327 §2; 1995 c.762 §1; 1997 c.643 §13; 1999 c.1084 §58; 2013 c.196 §14; 2023 c.70 §16]

 

LANDSCAPE ARCHITECTS

 

      671.310 Definitions for ORS 671.310 to 671.459. As used in ORS 671.310 to 671.459, unless the context requires otherwise:

      (1) “Board” means the State Landscape Architect Board.

      (2) “Design” means layout, form and establishment of grades and tangible site features for services described in subsection (5) of this section.

      (3) “Landscape architect” means an individual who engages in the practice of landscape architecture.

      (4) “Landscape architect in training” means a person registered as a landscape architect in training under ORS 671.316 (3).

      (5) “Landscape architecture” or the “practice of landscape architecture” means the performance of, or offer to perform, professional services that have the dominant purpose of landscape preservation, development and enhancement, including but not limited to reconnaissance, research, planning, landscape and site design, the preparation of related drawings, construction documents and specifications and responsible construction observation. “Landscape architecture” or the “practice of landscape architecture” includes the location, arrangement and design of tangible objects and features that are incidental and necessary for landscape preservation, development and enhancement.

      (6) “Landscape preservation, development and enhancement” means:

      (a) The preservation and aesthetic and functional enhancement of land uses and natural land features;

      (b) The location and construction of aesthetically pleasing and functional systems, approaches and settings for structures, roadways and walkways or other improvements for natural drainage and erosion control;

      (c) Design for trails, pedestrian systems, plantings, irrigation, site lighting, grading and drainage and other site features;

      (d) Investigation, selection and allocation of land and water resources for appropriate uses;

      (e) Feasibility studies;

      (f) Formulation of graphic and written criteria to govern the planning and design of land conservation programs;

      (g) Preparation, review and analysis of master plans for land use and development;

      (h) Production of overall site plans, plans for grading, drainage, irrigation and planting, and related construction details;

      (i) Development specifications, cost estimates and reports;

      (j) Collaboration in the design of roads, bridges and structures with respect to the functional and aesthetic requirements of the areas where the roads, bridges and structures are to be placed;

      (k) Negotiation and arrangement for execution of land area projects; and

      (L) Field observation of land area construction, restoration and maintenance.

      (7) “Registered landscape architect” means a person registered as a landscape architect under ORS 671.310 to 671.459.

      (8) “Site features” means constructed surfaces, steps, retaining walls, fences, arbors, trellises, benches, decks, fountains, ponds, waterways, pools or other physical elements constructed or proposed for construction in the landscape. [1961 c.431 §1; 1963 c.580 §31; 1981 c.536 §1; 1983 c.455 §1; 1987 c.414 §42; 2001 c.950 §11; 2003 c.14 §413]

 

      671.312 Purpose of ORS 671.310 to 671.459, 671.992 and 671.995. ORS 671.310 to 671.459, 671.992 and 671.995 are enacted in order to introduce qualifying criteria in the professional practice of landscape architecture. This action is necessary to safeguard public health, safety, welfare and property and to eliminate unnecessary loss and waste in this state. These safeguards are in the practice of landscape architecture as it relates to engineering, architecture, ground water, land use planning, landscape hazards, the further development of the practice of landscape architecture and the landscape architectural concerns of the people of this state. [1983 c.455 §3; 1995 c.189 §1; 2001 c.950 §12]

 

      671.315 [1981 c.536 §2; 1995 c.189 §2; repealed by 2001 c.950 §23]

 

      671.316 Registration requirement for practice of landscape architecture; registration as landscape architect in training; rules. (1) Except as provided in this section, unless an individual is registered as a landscape architect by the State Landscape Architect Board, the individual may not engage in the practice of landscape architecture. Unless an individual is registered as a landscape architect by the board, the individual may not use the title of “landscape architect,” “registered landscape architect” or “landscape architectural designer” or use other titles or any words, letters, figures, signs, cards, advertisements, symbols or other devices to represent that the individual or a business associated with the individual is authorized to practice landscape architecture.

      (2) A person may not knowingly aid or abet an individual who is not registered as required under this section in the practice of landscape architecture.

      (3) Notwithstanding subsections (1) and (2) of this section, the board may register a person as a landscape architect in training if the person meets the education and experience standards established by board rule and passes a board approved examination. The board shall adopt rules establishing fees and specifying the qualifications, duties, functions and powers of a landscape architect in training. [2001 c.950 §2]

 

      671.318 Businesses providing landscape architecture services. A business may not provide landscape architecture services unless the work is under the full authority and responsible charge of a registered landscape architect who is also an owner or officer of the business. A business shall file a form with the State Landscape Architect Board identifying responsible landscape architects by name and registration number. The filing must also describe the services that the business is offering to the public. The filing must be in a form prescribed by the board. The business shall notify the board in writing no later than 30 days after a change of registered owners or officers or a change of business name or address. [2001 c.950 §3]

 

      671.320 [1961 c.431 §2; repealed by 1977 c.842 §10]

 

      671.321 Activities not considered practice of landscape architecture. (1) ORS 671.310 to 671.459, 671.992 and 671.995 do not restrict or otherwise affect the right of any person to:

      (a) Practice architecture under ORS 671.010 to 671.220;

      (b) Practice engineering under ORS 672.002 to 672.325;

      (c) Engage in the occupation of growing and marketing nursery stock, or use the title “nurseryman” or “landscape nurseryman”;

      (d) Operate as a landscape construction professional or landscape contracting business under ORS 671.510 to 671.760 or use the title “landscape construction professional” or “landscape contractor”;

      (e) Engage in making plans or drawings for the selection, placement or use of plants or other site features unless the plans or drawings are for the purpose of providing construction details and specifications not otherwise exempted;

      (f) Use the title “landscape designer” in connection with activities described under paragraph (e) of this subsection;

      (g) Make any plans, drawings or specifications for property owned by that person; or

      (h) Provide recommendations or written specifications for soil amendments or planting mediums if the recommendations or specifications are solely for purposes of plant installation and do not significantly alter the stability of the soil profile or surface drainage patterns.

      (2) The scope of services described in ORS 671.310 (5) and (6) does not preclude a registered landscape architect from:

      (a) Planning the development of land areas and elements used on land areas; or

      (b) Performing services described in ORS 671.310 (5) and (6) in connection with the settings, approaches or environment for buildings, structures or facilities in accordance with legally established standards for public health, safety and welfare.

      (3) ORS 671.310 to 671.459, 671.992 and 671.995 do not apply to:

      (a) The preparation of detailed or shop drawings that a construction contractor is required to furnish or the administration of construction contracts by a person customarily engaged in contracting work.

      (b) The preparation of technical submissions or the administration of construction contracts by employees of a landscape architect or a landscape architecture business when acting under the direct supervision of a registered landscape architect.

      (c) Employees of the federal government acting within the scope of that employment. [2001 c.950 §5; 2007 c.541 §10; 2009 c.483 §6]

 

      671.325 Application for registration; fee. (1) Any individual desiring to be registered as a landscape architect in this state shall make application to the State Landscape Architect Board 15 days prior to any meeting of the board upon such forms and in such manner as may be provided by the board. In addition to the qualifications required by ORS 671.310 to 671.459, each applicant shall be at least 18 years of age.

      (2) Each applicant for a certificate of registration shall pay to the board the fee required under ORS 671.365. [1981 c.536 §3; 1987 c.414 §42a; 1995 c.189 §3; 2003 c.14 §414]

 

      671.330 [1961 c.431 §§4,5; 1973 c.832 §24a; 1975 c.429 §19; repealed by 1977 c.842 §10]

 

      671.335 Examination; qualifications for registration; rules. (1) Examination of an applicant for a certificate of registration shall be made by the State Landscape Architect Board according to the method deemed by it to be the most practicable to test the applicant’s qualification. Examinations shall be written or oral or both written and oral and shall cover such subjects and be graded on such basis as the board shall determine by rule. The board may adopt the examination and the recommended grading procedures of the Council of Landscape Architectural Registration Boards or the standards and procedures of any other landscape architect association. The board shall prescribe the minimum education and experience requirements for applicants by administrative rule.

      (2) A certificate of registration shall be granted to any applicant who after the examination is, in the opinion of the board, properly qualified as determined by rule by the board. A certificate of registration shall be denied to an applicant who, in the opinion of the board, is not properly qualified as determined by the board by rule. [1981 c.536 §4; 1995 c.189 §4]

 

      671.338 Confidentiality of application, examination and investigatory information. (1) Notwithstanding ORS 192.314:

      (a) In addition to any exemption from disclosure provided under ORS 192.345 (4), State Landscape Architect Board examination materials, file records of examination grading and performance, transcripts from educational institutions, letters of inquiry, letters of reference and board inquiry forms concerning applicants or registrants are confidential and may not be disclosed except as provided in paragraph (b) of this subsection or subsection (2) of this section.

      (b) Investigatory information developed or obtained by the board is confidential and not subject to disclosure by the board unless a notice is issued for a contested case hearing or the matter investigated is finally resolved by board action or a consent order. The board shall notify the registrant of the investigation. The public may obtain information confirming that an investigation is being conducted and describing the general nature of the matter being investigated.

      (2) The board may appoint an advisory committee to conduct an investigation described under subsection (1)(b) of this section on behalf of the board. Investigatory information developed or obtained by an advisory committee is confidential unless a notice is issued for a contested case hearing or the matter investigated is finally resolved by board action or a consent order. The board may discuss in open session matters that are being reviewed by an advisory committee, but may not disclose confidential information into the public record.

      (3) Notwithstanding any confidentiality established under subsection (1) or (2) of this section, if the board or an advisory committee meets in executive session to discuss an investigation, the board or committee may permit other public officials and members of the press to attend the executive session. Notwithstanding ORS 192.610 to 192.705, the public officials and members of the press attending the executive session may not disclose information discussed by the board or committee during the session until the information ceases to be confidential under subsection (1) or (2) of this section. [2001 c.950 §6; 2003 c.14 §415]

 

      671.340 [1961 c.431 §3; 1973 c.827 §63; repealed by 1977 c.842 §10]

 

      671.345 Registration based on recognition by other jurisdictions; fee. (1) The State Landscape Architect Board may register as a landscape architect, without examination, any individual who applies for such registration under ORS 671.325, and:

      (a) On the date of making application is a landscape architect licensed or registered under the laws of any other state or territory of the United States, if the requirements for the licensing or registration of landscape architects in the state or territory in which the applicant is licensed or registered on the date of licensing or registration in such state or territory were substantially equal to the requirements for the registration of landscape architects in this state on the date of the application; or

      (b) Within the five years immediately preceding application has passed a national examination acceptable to the board.

      (2) Each applicant under this section shall pay at the time of filing the application an original registration fee for registration of an out-of-state landscape architect as provided in ORS 671.365. [1981 c.536 §5; 1987 c.414 §42b; 1987 c.460 §1; 1993 c.18 §145; 1995 c.189 §5; 1997 c.643 §14; 2001 c.950 §13]

 

      671.355 [1981 c.536 §6; repealed by 1995 c.189 §12]

 

      671.360 [1961 c.431 §7; 1973 c.827 §64; repealed by 1977 c.842 §10]

 

      671.365 Fees; rules. The State Landscape Architect Board may establish by rule the amounts for fees to be charged and collected under ORS 671.310 to 671.459. The fees shall include, but are not limited to:

      (1) An examination fee.

      (2) A fee for original registration of out-of-state landscape architect under ORS 671.345.

      (3) A fee for issuance of original registration under ORS 671.335.

      (4) A fee for issuance of a duplicate certificate of registration.

      (5) A fee for renewal of registration under ORS 671.376.

      (6) A late renewal fee under ORS 671.376. [1981 c.536 §6a; 1993 c.712 §1; 1995 c.189 §6; 1997 c.643 §15; 2003 c.14 §416]

 

      671.370 [1961 c.431 §§8,11; 1973 c.832 §24b; repealed by 1977 c.842 §10]

 

      671.375 [1981 c.536 §7; 1987 c.460 §2; repealed by 1995 c.189 §7 (671.376 enacted in lieu of 671.375)]

 

      671.376 Renewal; fee; late fee; failure to renew; rules; inactive status. (1) Each registrant who desires to continue as a landscape architect or landscape architect in training in this state shall annually pay to the State Landscape Architect Board, on or before the renewal date set by the board by rule, the fee for renewal of registration required under ORS 671.365 (5). Upon payment the board administrator shall issue to the registrant a certificate of renewal of registration for a period of one year.

      (2) If a registrant fails to have a certificate renewed on or before the renewal date set by the board by rule, the registrant shall be deemed delinquent. However, the registrant may renew the certificate:

      (a) Without a late fee if the registrant pays the renewal fee not later than 30 days after the renewal date; or

      (b) With a late fee in the amount prescribed by the board by rule, if the registrant pays the renewal fee and late fee later than 30 days, but not later than 60 days, after the renewal date.

      (3) A person who fails to pay the renewal fee and, if applicable, the late fee for a period of 60 days after the renewal date may renew the registration only upon passing examinations required by the board and by paying any required examination fees, renewal fees and late fees.

      (4) The board may grant inactive status to any registered landscape architect who gives up the practice of landscape architecture as defined in ORS 671.310 and while in good standing makes a request in writing to the board. The inactive landscape architect may resume practice within five years after approval of the request upon payment of the annual fee for the renewal of registration for the current year, without a late fee. If the inactive landscape architect fails to renew the registration within five years, the registration shall be deemed lapsed. The inactive landscape architect may renew the registration only upon passing examinations required by the board and by paying any required examination fees, renewal fees and late fees. [1995 c.189 §8 (enacted in lieu of 671.375); 2001 c.950 §14; 2005 c.25 §1]

 

      671.379 Stamps. (1) A registered landscape architect shall obtain a stamp of a design authorized by the State Landscape Architect Board. The stamp must bear the name, registration date and registration certificate number of the landscape architect and the legend “registered landscape architect.”

      (2) A registered landscape architect shall stamp and sign all final drafts of professional documents that the landscape architect issues for obtaining permits, obtaining approvals by agencies other than the board or fulfilling contractual obligations, including maps, plans, designs, contract documents and reports.

      (3) The signature and stamp of a registered landscape architect constitute certification that the document was prepared by the landscape architect or under the supervision and control of the landscape architect. [2001 c.950 §4]

 

      671.380 [1961 c.431 §9; 1973 c.832 §24c; 1975 c.429 §8; 1977 c.873 §3; repealed by 1977 c.842 §10]

 

      671.385 [1981 c.536 §8; 1987 c.414 §42c; repealed by 1995 c.189 §12]

 

      671.390 [1961 c.431 §10; 1973 c.827 §65; repealed by 1977 c.842 §10]

 

      671.393 Code of professional conduct; rules; publication; effect; revision. The State Landscape Architect Board shall cause to be prepared and shall by rule adopt a code of professional conduct which shall be known in writing to every landscape architect and applicant for registration under ORS 671.310 to 671.459. This code shall be published in the roster of landscape architects. Such publication shall constitute due notice to all registrants. The board may revise and amend this code of conduct from time to time and shall promptly notify each registrant in writing of such revisions or amendments. [1983 c.455 §4; 2003 c.14 §417]

 

      671.395 Continuing education; fee. (1) The State Landscape Architect Board may establish or approve programs of continuing education that contribute to the competency of landscape architects. The board may charge a fee for programs of continuing education it establishes.

      (2) The board may require completion of a program of continuing education established or approved under this section as a condition for the issuance or renewal of registration as a landscape architect under ORS 671.310 to 671.459. [1981 c.536 §9; 2001 c.950 §15; 2003 c.14 §418]

 

      671.400 [1961 c.431 §13; repealed by 1977 c.842 §10]

 

      671.404 Grounds for refusal to register or renew or for suspension. Subject to ORS chapter 183, the State Landscape Architect Board may refuse to register any applicant, may refuse to renew the registration of any registered landscape architect or landscape architect in training, or may suspend for a period not exceeding one year or revoke the registration of any registered landscape architect or landscape architect in training if the board finds that the applicant or registrant is a person who:

      (1) Has used dishonesty, fraud or deceit in obtaining or attempting to obtain registration under ORS 671.310 to 671.459, including but not limited to dishonesty, fraud or deceit in applying for registration, applying to sit for an examination or passing an examination.

      (2) Is impersonating or has attempted to impersonate a registered landscape architect or a former registered landscape architect, or is practicing under an assumed or fictitious name.

      (3) Has used dishonesty, fraud or deceit or has been negligent, in the practice of landscape architecture.

      (4) Has affixed the person’s signature to plans, reports or other professional documents that have not been prepared by the person or under the person’s immediate and responsible direction or has permitted the use of the person’s name for the purpose of assisting any individual, not a registered landscape architect, to evade the provisions of ORS 671.310 to 671.459, 671.992 and 671.995.

      (5) Has been found to have violated ethical or professional standards by a court or administrative body in another state for committing or omitting acts that, if committed or omitted in this state, would be a violation of ethical or professional standards established pursuant to ORS 671.310 to 671.459. A certified copy of the record of suspension or revocation of the state making the suspension or revocation is conclusive evidence thereof.

      (6) Has willfully evaded or attempted to evade a local or state law, ordinance, code or rule, governing the construction of landscapes or other site features. [1981 c.536 §10; 1987 c.460 §3; 1995 c.189 §9; 2001 c.950 §16; 2003 c.14 §419; 2005 c.22 §474]

 

      671.405 [1971 c.734 §109; repealed by 1977 c.842 §10]

 

      671.408 Disciplinary actions. In addition to any civil penalty imposed by the State Landscape Architect Board or any fine or term of imprisonment imposed by a court, except as otherwise provided in ORS 671.404, the board may impose one or more of the following sanctions against a person violating ORS 671.310 to 671.459:

      (1) Revocation of a certificate of registration.

      (2) Suspension of a certificate of registration for not more than three years.

      (3) Restriction of the scope of a registrant’s practice.

      (4) Imposition of peer review.

      (5) Imposition of specific or additional professional education requirements.

      (6) Imposition of probationary registration status and restrictions, including but not limited to requirements designed to protect the public health, safety and welfare and restitution payments to clients or other persons suffering economic loss due to the violation.

      (7) Issuance of a written reprimand. [2001 c.950 §9; 2003 c.14 §420]

 

      671.410 [1961 c.431 §14; repealed by 1971 c.734 §21]

 

      671.412 Public contract requirements. (1) The state or a political subdivision may contract for landscape architecture service projects only with registered landscape architects, as defined in ORS 671.310.

      (2) Drawings, plans, specifications, estimates and construction observation for public works of the state or a political subdivision that require landscape architecture services must be prepared by, or under the direct supervision of, a landscape architect registered in an appropriate category. [1983 c.455 §7; 1995 c.189 §10; 2001 c.950 §17]

 

      671.415 Rulemaking authority. The State Landscape Architect Board, subject to ORS chapter 183, may adopt rules necessary for the board to perform its duties under ORS 671.310 to 671.459 and 671.995. [1981 c.536 §11; 1987 c.414 §42d; 2003 c.14 §421]

 

      671.420 [1961 c.431 §16; repealed by 1977 c.842 §10]

 

      671.425 Issuance of registration after revocation. If the State Landscape Architect Board revokes the registration of a registered landscape architect under ORS 671.404, the board may issue registration under ORS 671.310 to 671.459 to the individual whose registration is revoked if the individual:

      (1) Files a new application for the registration and passes an examination given by the board; and

      (2) Establishes to the satisfaction of the board that all loss caused by the acts for which the registration was revoked has been fully satisfied and that the individual has complied with all conditions imposed by the decision of revocation. [1981 c.536 §12; 1987 c.414 §42e; 2001 c.950 §18; 2003 c.14 §422; 2013 c.1 §86]

 

      671.428 [1983 c.455 §5; repealed by 1995 c.189 §12]

 

      671.430 [1961 c.431 §15; repealed by 1971 c.734 §21 and by 1971 c.753 §74]

 

      671.435 [1981 c.536 §13; 1991 c.734 §65; 1997 c.643 §16; 1999 c.1084 §59; 2001 c.950 §19; renumbered 671.950 in 2001]

 

      671.440 [1961 c.431 §12; repealed by 1977 c.842 §10]

 

      671.442 Arbitration; effect; costs. In a dispute arising out of a contractual agreement between a registered landscape architect and a member of the general public of the state, the State Landscape Architect Board or a subcommittee of the board may act as arbiter of the dispute. Upon agreement of all parties to such arbitration, the findings of the board or subcommittee shall be binding on all parties to the dispute. There shall be no costs borne by any party for such arbitration and for the purposes of this section members of the board shall serve without compensation but shall be reimbursed as determined by the board. [1983 c.455 §6; 1997 c.643 §17]

 

      671.445 Investigation of complaints. The State Landscape Architect Board may, upon motion of the board or upon the verified complaint in writing of any person, investigate any alleged violation of ORS 671.310 to 671.459. As part of the investigation, the board may administer oaths, obtain and receive evidence at board proceedings and compel compliance with board subpoenas, all as provided in ORS 670.315. [1981 c.536 §14; 1987 c.414 §42f; 2001 c.950 §20; 2003 c.14 §423]

 

      671.447 Persons supplying information to board or advisory committee. A person that reports or supplies information in good faith to the State Landscape Architect Board or to an advisory committee assisting the board is immune from an action for civil damages as a result thereof. The board or committee shall not disclose the name of a person requesting confidentiality unless the testimony of the person is required as part of a board disciplinary proceeding. [2001 c.950 §7]

 

      671.450 [1961 c.431 §21; repealed by 1977 c.842 §10]

 

      671.454 [1981 c.536 §14a; 1987 c.414 §43; repealed by 2001 c.950 §23]

 

      671.455 [1963 c.580 §28; 1969 c.314 §74; 1971 c.753 §26; repealed by 1977 c.842 §10]

 

      671.459 State Landscape Architect Board; members; chair; term. (1) The State Landscape Architect Board shall operate as a semi-independent state agency subject to ORS 182.456 to 182.472 for the purpose of carrying out ORS 671.310 to 671.459, 671.992 and 671.995. The board shall consist of seven members to be appointed by the Governor. Four of the members shall be registered landscape architects, three shall be public members, and all shall be residents of this state. The chair of the board shall be elected by the board from among the current members.

      (2) The term of office of each member is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. [1981 c.536 §15; 1987 c.414 §44; 1993 c.744 §238; 1995 c.189 §11; 1997 c.643 §18; 1999 c.1084 §60; 2001 c.950 §21]

 

      671.460 [1961 c.431 §§17,19,20; repealed by 1963 c.580 §103]

 

      671.465 [1963 c.580 §29; repealed by 1971 c.753 §74]

 

      671.470 [1961 c.431 §22; repealed by 1963 c.580 §103]

 

      671.475 [1963 c.580 §30; repealed by 1971 c.753 §74]

 

      671.480 [1961 c.431 §23; 1967 c.637 §26; repealed by 1971 c.753 §74]

 

LANDSCAPE CONSTRUCTION PROFESSIONALS AND LANDSCAPE CONTRACTING BUSINESSES

 

(Generally)

 

      671.510 Short title. ORS 671.510 to 671.760 may be cited as the Landscape Contractors Law. [1971 c.764 §1; 1973 c.832 §25]

 

      671.520 Definitions for ORS 671.510 to 671.760. As used in ORS 671.510 to 671.760, unless the context requires otherwise:

      (1) “Landscape construction professional” means an individual who for compensation or with the intent to be compensated performs or supervises activities requiring the art, ability, experience, knowledge, science and skill to:

      (a) Plan or install lawns, shrubs, vines, trees or nursery stock;

      (b) Prepare property on which lawns, shrubs, vines, trees or nursery stock is to be installed;

      (c) Install, maintain or repair ornamental water features and landscape drainage systems;

      (d) Maintain irrigation systems with the use of compressed air and as otherwise provided by the State Landscape Contractors Board by rule;

      (e) Install or repair landscape irrigation systems as provided by the board by rule; or

      (f) Plan, install, maintain or repair fences, decks, arbors, patios, landscape edging, driveways, walkways or retaining walls.

      (2) “Landscape contracting business” means a business that for compensation or with the intent to be compensated arranges, submits a bid, or otherwise offers or contracts, for the performance of activities described in subsection (1) of this section.

      (3) “Licensee” means a person that is licensed under ORS 671.510 to 671.760 as a landscape construction professional or landscape contracting business.

      (4) “Nursery stock” means nursery stock:

      (a) As defined by ORS 571.005 other than stock grown for commercial resale or reforestation; or

      (b) As defined by the board by rule.

      (5) “Ornamental water features” means fountains, ponds, waterfalls, man-made streams and other decorative water-related constructions as identified by the board by rule. [1971 c.764 §2; 1973 c.832 §26; 1975 c.757 §1; 1981 c.536 §22; 1983 c.452 §1; 1985 c.565 §91; 1987 c.414 §45; 1997 c.785 §1; 1999 c.32 §1; 2001 c.48 §1; 2005 c.609 §10; 2007 c.541 §11; 2009 c.483 §1; 2015 c.672 §6]

 

      671.522 Artificial turf. (1) As used in this section, “sports field” means one or more areas of a property that total more than 30,000 square feet of artificial turf and are designed to be used primarily for sport or other athletic activities.

      (2) Notwithstanding ORS 701.005 and 701.021, except as provided in this section, a landscape contracting business may prepare a site for, install and repair artificial turf at an outdoor location. This section does not authorize a landscape contracting business to prepare a site for, install or repair artificial turf at a sports field. [2015 c.672 §2]

 

      671.524 Landscape irrigation systems. A landscape construction professional may prepare plans and drawings for a landscape irrigation system, including, but not limited to, plans and drawings that identify the positioning, number, type and model of pumps, piping, valves, sprinklers, nozzles emitters, filters, controllers and other components for the system, if the landscape construction professional:

      (1) Holds a license issued by the State Landscape Contractors Board that authorizes the landscape construction professional to install irrigation systems; and

      (2) Has any other specialized qualifications required by the board by rule. [2015 c.672 §5]

 

(Licensure)

 

      671.525 Applicant for landscape contracting business license required to be independent contractor; classes of licensees. (1) An applicant for a landscape contracting business license must qualify as an independent contractor, under ORS 670.600, to be licensed with the State Landscape Contractors Board.

      (2) The board shall establish two classes of independent contractor licensees:

      (a) The nonexempt class is composed of the following entities:

      (A) Sole proprietorships, partnerships, corporations and limited liability companies with one or more employees; and

      (B) Partnerships, corporations and limited liability companies with more than two partners, corporate officers or members if any of the partners, officers or members are not part of the same family and related as parents, spouses, siblings, children, grandchildren, sons-in-law or daughters-in-law.

      (b) The exempt class is composed of all sole proprietorships, partnerships, corporations and limited liability companies that do not qualify as nonexempt.

      (3) All partnerships, corporations and limited liability companies applying for a landscape contracting business license must have a federal tax identification number.

      (4) If a licensee who qualifies under subsection (2)(b) of this section hires one or more employees, or falls into any of the categories set out in subsection (2)(a)(B) of this section, the licensee is subject to penalties under ORS 671.997 and must submit proof that the licensee qualifies under subsection (2)(a) of this section.

      (5) The decision of the board that a licensee is an independent contractor applies only when the licensee is performing work of the nature described in ORS 671.520 and 671.530. [1991 c.533 §6; 1997 c.337 §2; 2007 c.541 §12]

 

      671.527 Applicant for landscape contracting business license workers’ compensation coverage. (1) An applicant for a landscape contracting business license that qualifies under ORS 671.525 to be classified as a nonexempt independent contractor must provide workers’ compensation insurance coverage for all employees of the landscape contracting business.

      (2) An applicant for a landscape contracting business license that qualifies under ORS 671.525 to be classified as an exempt independent contractor, and that has entered into a contract with a worker leasing company or temporary service provider for the supplying of workers to the landscaping business, must verify that all leasing company or service provider employees supplied for use by the business are covered by workers’ compensation insurance. As used in this subsection, “worker leasing company” and “temporary service provider” have the meanings given those terms under ORS 656.850. [2011 c.283 §2]

 

      671.530 Licensing requirements; use of title; scope of landscape construction professional license. (1) A person may not operate as a landscape construction professional in this state without a valid landscape construction professional license issued pursuant to ORS 671.560.

      (2) A person may not represent in any manner that the person is a landscape construction professional unless the person has a valid landscape construction professional license issued pursuant to ORS 671.560. The prohibition in this subsection includes, but is not limited to:

      (a) Using the title of landscape contractor, landscape construction professional, landscape gardener or landscaper or any other title using a form of the word “landscape” that indicates or tends to indicate that the person is a landscape construction professional; and

      (b) Using any sign, card or device that indicates or tends to indicate that the person is a landscape construction professional.

      (3) A person may not operate as a landscape contracting business in this state unless the person has a valid landscape contracting business license issued pursuant to ORS 671.560.

      (4) A person may not advertise or represent in any manner that the person is a landscape contracting business unless the person has a valid landscape contracting business license issued pursuant to ORS 671.560. The prohibition in this subsection includes, but is not limited to:

      (a) Using the title of landscape business, landscaping business or landscape contracting business; and

      (b) Using any title, sign, card or device that indicates or tends to indicate that the person is a landscape contracting business.

      (5) A landscape maintenance business may use a form of the word “landscape” in the title of the business only if the title clearly indicates the maintenance nature of the business. For purposes of this subsection, the term “landscape gardening” does not indicate the maintenance nature of a landscape maintenance business.

      (6) A landscape construction professional may perform landscaping work only while in the employ of a landscape contracting business licensed and bonded as required by ORS 671.510 to 671.760. If the landscape construction professional is the sole proprietor, the landscape construction professional must also obtain a license as a landscape contracting business. [1971 c.764 §3; 1973 c.832 §27; 1975 c.757 §2; 1979 c.840 §1a; 1983 c.452 §2; 1989 c.944 §1; 2003 c.659 §1; 2007 c.541 §13]

 

      671.540 Application of ORS 671.510 to 671.760. (1) Except as provided in subsection (2) of this section, ORS 671.510 to 671.760 and 671.990 (2) do not apply to:

      (a) Any federal or state agency or any political subdivision performing landscaping work on public property.

      (b) Any landscape architect registered under ORS 671.310 to 671.459 and practicing as provided under ORS 671.310 to 671.459.

      (c) Landscaping work performed by a landscape maintenance business if:

      (A) The landscaping work is performed for a customer that in a calendar year receives primarily landscape maintenance services from the business;

      (B) The value of all labor, materials or other items supplied for landscaping work at a job site does not exceed $500 in a calendar year; and

      (C) The landscaping work is of a casual, minor or inconsequential nature, as those terms are defined by the State Landscape Contractors Board by rule.

      (d) Installation of fences, decks, arbors, driveways, walkways or retaining walls if performed by a person or business licensed with the Construction Contractors Board.

      (e) Rough grading of plots and areas of land performed in conjunction with new or remodeling construction if performed by a person or business licensed with the Construction Contractors Board.

      (f) Any owner of property, or employee of an owner of property, who contracts for landscaping work on the property to be performed by a person licensed under ORS 671.560. The exception provided by this paragraph does not apply to a person who, in pursuit of an independent business, performs or contracts for the performance of landscaping work with the intent of offering for sale before, upon or after completion of the landscaping work the property upon which the landscaping work is performed.

      (g) Any landscaping work performed by a person on property that the person owns or in which the person has a legal interest. The exception provided by this paragraph does not apply to a person who, in pursuit of an independent business, performs or contracts for the performance of landscaping work with the intent of offering for sale before, upon or after completion of the landscaping work the property on which the landscaping work is performed.

      (h) A residential general contractor licensed under ORS chapter 701 who performs landscaping work if the total value of the landscaping is less than $2,500 per residential dwelling and the landscaping work is performed on residential property for which the contractor is under contract for the construction of a new dwelling. The exception provided by this paragraph does not apply to the performance of irrigation work by a residential general contractor. The State Landscape Contractors Board shall revise the amount specified in this paragraph every five years, beginning in 2003, based on changes in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor.

      (i) A residential general contractor licensed under ORS chapter 701 who performs landscaping work on residential property that is directly related to local building code requirements or occupancy ordinances including, but not limited to, the placement of street trees. The exception provided by this paragraph does not apply to the performance of irrigation work by a residential general contractor.

      (j) A person engaged in making plans or drawings for the selection, placement or use of plants or other site features, unless the plans or drawings are for the purpose of providing construction details and specifications.

      (k) Use by a person other than a landscape construction professional of the title “landscape designer” when engaged in making plans or drawings described in paragraph (j) of this subsection.

      (L) A person providing recommendations or written specifications for soil amendments or planting media if the recommendations or specifications are solely for the purpose of plant installation.

      (m) A plumbing contractor licensed under ORS 447.010 to 447.156 when engaged in superintending installation work on piping for an irrigation system designed by a landscape contracting business or by a person registered under ORS 671.310 to 671.459.

      (n) A plumbing contractor licensed under ORS 447.010 to 447.156 when engaged in superintending repair or maintenance work on piping for an irrigation system.

      (o) A journeyman plumber licensed under ORS chapter 693 when performing an installation for a plumbing contractor described in paragraph (m) of this subsection or performing repair or maintenance work on piping for an irrigation system.

      (p) An employee, as defined in ORS 657.015, of a residential general contractor licensed under ORS chapter 701 when performing work that the contractor may perform under paragraph (h) or (i) of this subsection.

      (q) An employee of a licensed landscape contracting business when performing work for the business under the direct supervision of a licensed landscape construction professional.

      (r) An employee of a worker leasing company or temporary service provider, both as defined in ORS 656.850, when performing work for a licensed landscape contracting business under the direct supervision of a licensed landscape construction professional.

      (2) ORS 671.530 (2), (4) and (5) apply to a person described under subsection (1) of this section. [1971 c.764 §4; 1973 c.832 §28; 1979 c.840 §2; 1981 c.536 §17; 1983 c.452 §3; 1997 c.785 §2; 1999 c.32 §2; 1999 c.402 §10; 2001 c.49 §1; 2001 c.660 §54; 2003 c.14 §424; 2003 c.659 §2; 2005 c.609 §11; 2007 c.541 §14; 2007 c.836 §50; 2009 c.483 §§2,3; 2019 c.57 §32]

 

      671.543 Subcontracting. Notwithstanding ORS 701.005 or 701.021, a landscape contracting business that arranges for, undertakes or submits a bid to undertake a project that the business is authorized to perform under ORS 671.510 to 671.760 may subcontract with a general or specialty contractor licensed under ORS chapter 701 for the contractor to perform work within the scope of the contractor’s license endorsement on the project. [2015 c.672 §4]

 

      671.550 Authority of board to investigate; confidentiality of information. (1) The State Landscape Contractors Board may inquire into and inspect:

      (a) Any services performed or materials furnished by a licensee under ORS 671.510 to 671.760.

      (b) The financial records of a person who it reasonably believes is operating in violation of ORS 671.530.

      (c) The services performed or materials furnished by a person who it reasonably believes is operating in violation of ORS 671.530.

      (2) Except when used for legal action or to determine a claim described in ORS 671.695, the information obtained by an inspection authorized by this section is confidential. However, the board shall furnish copies of any inspection to the licensee or other person that is subjected to an inspection. [1971 c.764 §5; 1979 c.840 §3; 1983 c.452 §4; 2001 c.198 §1; 2007 c.149 §3]

 

      671.555 Investigation of person engaged in landscape contracting business; procedures; orders to stop work. (1) The State Landscape Contractors Board may investigate the activities of any person engaged in the landscape contracting business to determine compliance with ORS 671.510 to 671.760.

      (2) With the approval of the city or county, the board may conduct investigations with city or county inspectors, provided that the city or county is reimbursed by the board for the costs of such investigations.

      (3) Any inspector or investigator authorized by the board to determine compliance with ORS 671.510 to 671.760 may require any person who is engaged in any activity regulated by ORS 671.510 to 671.760 to demonstrate proof of compliance with the licensing requirements of ORS 671.510 to 671.760. If a person who is contracting directly with the owner of the property does not demonstrate proof of compliance with the licensing requirements of ORS 671.510 to 671.760, the inspector or investigator may give notice of noncompliance to the person.

      (4) A notice of noncompliance given under subsection (3) of this section shall be in writing, shall specifically state that the person is not in compliance with the licensing requirements of ORS 671.510 to 671.760 and shall provide that unless the person demonstrates proof of compliance within two days of the date of the notice, the inspector or investigator may by order stop all work then being done by the person. The notice of noncompliance shall be served upon the person and shall be served upon or delivered to the owner of each property upon which the person is then performing work under contract. If more than one person is the owner of any such property, a copy of the notice need be given to only one of such persons.

      (5) If after receipt of a notice of noncompliance under subsection (3) of this section the person fails within the two-day period specified in the notice to demonstrate proof of compliance with the licensing requirements of ORS 671.510 to 671.760, the inspector or investigator may order the work stopped by notice in writing served on any persons engaged in the activity. Any person so notified shall stop such work until proof of compliance is demonstrated. However, the inspector or investigator may not order the work stopped until at least two days after the copies of the notice of noncompliance have been served upon or delivered to the owners.

      (6) Notwithstanding subsection (5) of this section, the board may order landscaping work stopped immediately if the landscape contracting business working on a worksite cannot demonstrate that the business has been licensed by the board at any time within the two years immediately preceding work on the worksite. The administrator or any employee of the board may issue an order under this subsection on behalf of the board.

      (7) The board has the power to administer oaths, issue notices and subpoenas in the name of the board, compel the attendance of witnesses and the production of evidence, hold hearings and perform such other acts as are reasonably necessary to carry out its duties under ORS 671.510 to 671.760.

      (8) If any person fails to comply with a subpoena issued under subsection (7) of this section or refuses to testify on matters on which the person may be lawfully interrogated, the board shall compel obedience in the manner provided in ORS 183.440. [1991 c.533 §5; 1999 c.33 §1; 2007 c.399 §2; 2007 c.541 §15a; 2015 c.672 §7]

 

      671.557 Injunctive relief. In addition to any other remedy available, if the State Landscape Contractors Board believes that a person has engaged in, is engaging in or is about to engage in any act, practice or transaction that violates ORS 671.510 to 671.760, the board may direct the Attorney General to apply to the court for an injunction to restrain the person from engaging in the act, practice or transaction. [2005 c.609 §5]

 

      671.560 Issuance of license; application form; limited or specialty license; rules; exemption. (1) Except as provided in ORS 671.571 and 671.590, the State Landscape Contractors Board shall issue a landscape construction professional license to an applicant who satisfies the requirements of ORS 671.570.

      (2) The board shall issue a landscape contracting business license to an applicant who satisfies the requirements of the board.

      (3) An applicant for a license under this section shall apply to the board upon a form furnished by the board and give such information as the board considers necessary.

      (4)(a) The board may issue a limited or specialty license if the applicant is required to have a landscape construction professional license or landscape contracting business license but is not qualified or required to be licensed for all phases of landscape work.

      (b) The board may not issue to a person holding an endorsement as a residential or commercial general contractor under ORS chapter 701 a limited or specialty license that:

      (A) Requires the holder of the limited or specialty landscape construction professional license to be the owner of a licensed landscape contracting business;

      (B) Limits the permissible amount to be charged by the landscape contracting business for landscape work to, within any 12-month period, an amount set by the board not to exceed $10,000 per customer; and

      (C) Has reduced qualification or testing requirements.

      (c) The board may adopt rules to limit or restrict the landscape work performed by probationary landscape construction professionals.

      (5) A landscape contracting business that qualifies for the exemption described in ORS 571.045 shall indicate on its license application or license renewal application under this section the reasons the business qualifies for the exemption. [1971 c.764 §6; 1975 c.757 §4; 1983 c.452 §5; 1999 c.535 §4; 2007 c.111 §3; 2007 c.541 §16a; 2019 c.682 §1]

 

      671.561 Practical skills testing; fees. (1) The State Landscape Contractors Board shall establish a hands-on, written or electronic practical skills test for at least two of the types of limited or specialty licenses offered by the board under ORS 671.560. The board may establish a hands-on, written or electronic practical skills test for additional types of licenses offered under ORS 671.560 or 671.570. If the board establishes a hands-on, written or electronic practical skills test for a type of license, the board shall, when all such test types are available to the board, contractually or otherwise, allow an applicant for the license the option of satisfying all or parts of any examination requirement for the license by passing:

      (a) A handwritten examination;

      (b) An electronic examination; or

      (c) The hands-on, written or electronic practical skills test and attending the business practices class described in this section.

      (2) If the board establishes a hands-on, written or electronic practical skills test for a type of license, the board must offer the practical skills test at least once every 12 months.

      (3) The board shall design a hands-on, written or electronic practical skills test to determine whether the applicant has the minimum knowledge required to perform the tasks most commonly required of a licensee in a manner meeting or exceeding practice standards established by board rule. A hands-on, written or electronic practical skills test may include, but may not be limited to, the use of written multiple choice questions. The board shall design a test to have a reasonable expected completion time that is less than eight hours. The board may not test the ability of an applicant for a limited or specialty license to perform a task that is not authorized by the type of limited or specialty license sought. If the board establishes a practical skills test option for licensing under ORS 671.570, the board may not test the ability of an applicant to make an installation described in ORS 671.615.

      (4) The board shall offer or approve a class on landscape contracting business practices, not to exceed six hours in length. The class shall be offered to applicants who choose the option of taking a hands-on, written or electronic practical skills test and be made available to those applicants at least once every 12 months. The board may test applicants on the class content but may not consider the test results for purposes of conditioning, limiting or refusing a license.

      (5) The board shall establish fees for applicants described in this section in amounts reasonably calculated to offset the full program cost of conducting the practical skills test and business practices class described in this section.

      (6) The board may subcontract or otherwise arrange for a third party to carry out any duty or function of the board regarding practical skills testing or the class on landscape contracting business practices. [2015 c.652 §1; 2016 c.45 §1; 2021 c.171 §1]

 

      Note: 671.561 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 671 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      671.562 Landscape contracting business workers’ compensation coverage. (1) A landscape contracting business that qualifies under ORS 671.525 to be classified as a nonexempt independent contractor must maintain workers’ compensation insurance coverage in effect for all employees of the landscape contracting business.

      (2) A landscape contracting business licensee that qualifies under ORS 671.525 to be classified as an exempt independent contractor, and that has entered into a contract with a worker leasing company or temporary service provider for the supplying of workers to the landscaping business, must verify that workers’ compensation insurance coverage is maintained in effect for all leasing company or service provider employees supplied for use by the business. As used in this subsection, “worker leasing company” and “temporary service provider” have the meanings given those terms under ORS 656.850. [2011 c.283 §3]

 

      671.563 Applicant notice of unpaid judgments, awards and orders; rules. An applicant for the issuance or renewal of a landscape construction professional license or landscape contracting business license shall include in the application to the State Landscape Contractors Board notice of any unpaid court judgment, arbitration award or administrative agency final order entered or issued in any jurisdiction that requires the applicant to pay damages arising out of the performance of, or a contract for, landscaping work. The board may adopt rules that require an applicant to provide additional information regarding a judgment, arbitration award or agency final order described in this section and the status of any appeal or exceptions. [2007 c.151 §2; 2007 c.541 §28a]

 

      671.565 Landscape contracting business license application process and information requirements. (1) Each person applying for a landscape contracting business license must:

      (a) Pay to the State Landscape Contractors Board the applicable landscape contracting business license fee established by the board under ORS 671.650.

      (b) Have a landscape construction professional license or employ at least one person with a landscape construction professional license to supervise the landscaping operation of the business.

      (c) Submit the names of all employees who are licensed landscape construction professionals.

      (d) File with the board a form of security acceptable under ORS 671.690.

      (e) File with the board a certificate of public liability, personal injury and property damage insurance covering the work of the landscape contracting business that is subject to ORS 671.510 to 671.760 for an amount not less than $500,000.

      (f) Indicate, as set forth in ORS 670.600, the basis under which the applicant qualifies as an independent contractor and the class of independent contractor described in ORS 671.525 for which the applicant qualifies.

      (2)(a) If an applicant for licensing under this section qualifies to be classified as a nonexempt independent contractor, the applicant shall provide the employer identification number of the applicant and evidence satisfactory to the board that the applicant provides workers’ compensation insurance coverage for all employees of the landscape contracting business.

      (b) If an applicant for licensing under this section qualifies to be classified as an exempt independent contractor and has entered into a contract with a worker leasing company or temporary service provider for the supplying of workers to the landscape contracting business, the applicant shall provide evidence satisfactory to the board that the applicant has verified the maintenance of workers’ compensation insurance coverage for all leasing company or service provider employees supplied for use by the business. As used in this paragraph, “worker leasing company” and “temporary service provider” have the meanings given those terms in ORS 656.850.

      (3) At the time of application for a license, for renewal of a license in active status or for return of a license to active status, the applicant shall provide evidence satisfactory to the board that the public liability, personal injury and property damage insurance required by this section and any workers’ compensation required of the applicant under ORS 671.527 or 671.562 is in effect. During a license period, the licensee shall provide, to the extent required by the board, satisfactory evidence of continued public liability, personal injury and property damage insurance coverage and, if required under ORS 671.562, workers’ compensation insurance coverage. [1983 c.452 §8; 1991 c.533 §1; 2005 c.609 §12; 2007 c.399 §3; 2007 c.541 §17a; 2011 c.283 §4; 2015 c.672 §8]

 

      671.568 Inactive status for landscape contracting business license. (1) If a licensed landscape contracting business is not operating as a landscape contracting business, the State Landscape Contractors Board may, upon request, place the license of the landscape contracting business in inactive status.

      (2) A landscape contracting business in inactive status remains subject to board jurisdiction and is required to comply with the requirements for a landscape contracting business other than the security requirement under ORS 671.690 and the insurance requirements under ORS 671.565.

      (3) A landscape contracting business that is in inactive status may not:

      (a) Perform work as a landscape contracting business;

      (b) Offer or provide for the performance of landscaping work as a landscape contracting business; or

      (c) Obtain a building permit for work involving landscaping work by the landscape contracting business.

      (4) A landscape contracting business license may not be placed or maintained in inactive status more than once during a licensing period. [2005 c.609 §2; 2007 c.541 §18]

 

      671.570 Qualifications for landscape construction professional license; fee; rules. (1) Each person applying for a landscape construction professional license must:

      (a) Pay a nonrefundable application fee.

      (b) Pay an examination fee.

      (c) Pay to the State Landscape Contractors Board the landscape construction professional license fee required by ORS 671.650.

      (d) Pass an examination, which the board shall offer at least once each six months, to determine the fitness of the applicant for licensing and within 10 years before the day the application for a license is made:

      (A) Have at least 24 months of employment with a landscape contracting business; or

      (B) Have at least 12 months of employment with a landscape contracting business and one full year of training in an area related to landscaping at an accredited school or college.

      (e) Be employed by, or own, a landscape contracting business if performing landscaping work.

      (2) Notwithstanding subsection (1) of this section, the board may adopt rules allowing a person who does not meet the education and experience requirements in subsection (1)(d) of this section to substitute other education and experience that demonstrate the fitness of the person for licensing as a landscape construction professional.

      (3) Notwithstanding ORS 192.173, upon request of the applicant, the board shall make an examination that the board offers under subsection (1)(d) of this section available in a format in which instructions and questions stated in the English language are immediately followed by a Spanish language translation of those instructions and questions. [1971 c.764 §7; 1973 c.832 §29; 1975 c.757 §5; 1979 c.840 §4; 1983 c.452 §6; 1985 c.565 §92; 1987 c.414 §45a; 1997 c.327 §1; 2001 c.409 §5; 2007 c.111 §4; 2007 c.399 §6; 2007 c.541 §19b; 2015 c.652 §4; 2015 c.672 §9]

 

      671.571 Probationary license. (1) Notwithstanding ORS 671.570, the State Landscape Contractors Board may issue a probationary landscape construction professional license to a person who does not meet the training and experience qualifications set forth in ORS 671.570. To obtain a probationary landscape construction professional license, the person must:

      (a) Pay a nonrefundable application fee;

      (b) Pay an examination fee;

      (c) Pay to the board the landscape construction professional license fee required by ORS 671.650; and

      (d) Pass all sections of the examination described in ORS 671.570 within 12 months after first taking the examination.

      (2) Two or more years after receiving a probationary landscape construction professional license, a probationary landscape construction professional may obtain removal from probationary status and issuance of a landscape construction professional license if the probationary landscape construction professional presents the board with proof that the probationary landscape construction professional has done any of the following:

      (a) Completed at least 24 months of employment with a licensed landscape contracting business under the direct supervision of a landscape construction professional.

      (b) Provided supervision described in ORS 671.540 (1)(q) or 671.565 (1)(b) for at least 24 months as the owner or employee of a licensed landscape contracting business that, during that period:

      (A) Filed and maintained with the board a bond, letter of credit or deposit in the amount of $15,000; and

      (B) Performed landscaping work only on landscaping projects where the amount charged by the landscape contracting business for work on the project during any 12-month period did not exceed $15,000.

      (c) Actively operated for at least 24 months as a construction contractor licensed under ORS chapter 701.

      (3) Except as provided in this section and ORS 671.560 and as the board may provide by rule, a probationary landscape construction professional licensed under this section is for all purposes a landscape construction professional licensed under ORS 671.560. [2007 c.111 §2; 2007 c.399 §5; 2007 c.541 §19d; 2009 c.483 §4]

 

      671.572 Alternative licensing standards for person licensed as construction contractor. Notwithstanding the provisions of ORS 671.570 regarding experience and employment status, the State Landscape Contractors Board may adopt alternative standards for licensure with the board for a person who is already licensed as a contractor under ORS chapter 701. [1997 c.785 §5; 1999 c.402 §11]

 

      671.574 Inactive status for landscape construction professional license. (1) If a landscape construction professional is not operating as a landscape construction professional, the State Landscape Contractors Board may, upon request, place the license of the landscape construction professional in inactive status.

      (2) A landscape construction professional in inactive status remains subject to board jurisdiction, licensing requirements and fees.

      (3) A landscape construction professional that is in inactive status may not perform or supervise work as a landscape construction professional.

      (4) A landscape construction professional license may not be placed or maintained in inactive status more than once during a licensing period. [2005 c.609 §3; 2007 c.541 §20]

 

      671.575 License required to obtain judicial or administrative remedy; exception. (1) A landscape contracting business may not file a lien, file a claim with the State Landscape Contractors Board or bring or maintain in any court of this state a suit or action for compensation for the performance of any work or for the breach of any contract for work that is subject to ORS 671.510 to 671.760 and 671.997, unless the landscape contracting business was:

      (a) Licensed under ORS 671.510 to 671.760 at the time the landscape contracting business bid or entered into the contract for performance of the work; and

      (b) Licensed continuously while performing the work for which compensation is sought.

      (2) If the court determines that the landscape contracting business was not aware of the requirement that the business be licensed, a court may choose not to apply subsection (1) of this section if the court finds that to do so would result in a substantial injustice to the unlicensed landscape contracting business.

      (3) If a landscape contracting business falsely swears to information provided under ORS 671.560 or 671.565 or knowingly violates the provisions of ORS 656.029, 670.600, 671.560 or 671.565, the landscape contracting business may not file a lien, file a claim with the State Landscape Contractors Board or bring or maintain in any court of this state a suit or action for compensation for the performance of any work or for the breach of any contract for work that is subject to ORS 671.510 to 671.760 and 671.997. [1991 c.533 §7; 2007 c.541 §21]

 

      671.578 Suit for damages for misrepresentation; attorney fees. If any person suffered costs or damages as a result of an individual providing a false or invalid State Landscape Contractors Board number or otherwise misleading a person with respect to licensing with the board, that person may bring suit in a court of competent jurisdiction to recover damages. The court may award reasonable attorney fees to the prevailing party in an action under this section. [1991 c.533 §8; 1995 c.618 §119]

 

      671.580 Landscape construction professional license not transferable. A landscape construction professional license issued pursuant to ORS 671.560 is a personal privilege and is not transferable. [1971 c.764 §8; 1983 c.452 §9; 2007 c.541 §22]

 

      671.590 Reciprocal landscape construction professional licensing. The State Landscape Contractors Board may license without examination any person who is a landscape construction professional licensed, certified or registered under the laws of another state, territory of the United States, the District of Columbia or another country where the requirements on the date the applicant was licensed, certified or registered were substantially equal to the requirements for licensing of landscape construction professionals in this state on the date of application by the person. [1971 c.764 §9; 1973 c.832 §30; 1975 c.757 §6; 1979 c.840 §5; 1983 c.452 §10; 2007 c.541 §23]

 

      671.595 Coursework and examination requirements for noncontractor owners and managing employees; notice of duty changes; rules. (1) As used in this section:

      (a) “Managing employee” means a person who, at the time of an application for the issuance or renewal of a landscape contracting business license:

      (A) Is employed in landscaping work only by the applicant; and

      (B) Manages or shares in the management of the applicant, as defined by the State Landscape Contractors Board by rule.

      (b) “Owner” means a person who at the time of an application for the issuance or renewal of a landscape contracting business license:

      (A) Has an ownership interest in the applicant; and

      (B) Manages or shares in the management of the applicant, as defined by the board by rule.

      (2) If an applicant for a landscape contracting business license does not have at least one owner or managing employee who is licensed as a landscape construction professional under ORS 671.560, the applicant shall provide the board with proof that an owner or managing employee has completed required courses described in subsection (4) of this section and passed an examination on the subject of those courses.

      (3) The board may adopt rules to require a landscape contracting business and any owner or managing employee to provide the board with notice of any change in the employment or duties of the owner or managing employee.

      (4) The board shall adopt rules establishing required courses for an owner or managing employee who seeks to qualify the business for a landscape contracting business license, but who is not licensed as a landscape construction professional. The courses required by the board shall be designed to educate the owner or managing employee regarding business practices and Oregon laws affecting landscape contracting businesses. The board may not require an owner or managing employee to take a total of more than 16 hours of instruction.

      (5) When adopting rules to carry out subsection (4) of this section, the board shall consider the availability of courses in the regions of this state. The board shall encourage course providers to use the most up-to-date technology to make courses widely available.

      (6) A course provider may submit information regarding course materials, examinations and instructor qualifications to the board for approval. The board shall approve courses if the course materials, examinations and instructors meet board requirements. The board shall periodically review approved courses to ensure continuing compliance with board requirements. The board shall develop and make available a list of providers that offer courses that will enable an owner or managing employee to comply with the requirements of subsection (2) of this section. [2007 c.249 §2; 2009 c.11 §84]

 

      671.600 New landscape contracting business license required upon change of ownership; notification of change of address. (1) A new landscape contracting business license shall be required whenever there is a change in ownership, irrespective of whether the business name is changed. As used in this subsection, “change in ownership” does not include a change in the holders of corporate stock.

      (2) If a licensee moves to another location, relicensing is not required but the licensee must notify the State Landscape Contractors Board promptly of the new address. [1971 c.764 §10; 1973 c.832 §31; 1987 c.461 §1; 2007 c.541 §24]

 

      671.603 Persons required to give notification of change of address; communications delivered to last-known address. (1) A landscape construction professional or person operating as a landscape contracting business shall notify the State Landscape Contractors Board of a change of address for the professional or business that occurs while the professional or business is licensed by the board or within one year after a license expires. The landscape construction professional or landscape contracting business shall ensure that the board receives notice of the change of address no later than the 30th day after the change of address occurs.

      (2) Initial notice of a contested case or arbitration directed by the board to the last-known address of record for a landscape construction professional or landscape contracting business is considered delivered to the professional or business when deposited in the United States mail and sent registered, certified or post office receipt secured. Any other communication directed by the board to the last-known address of record for a landscape construction professional or landscape contracting business is considered delivered to the professional or business when deposited in the United States mail, regular mail. [2001 c.409 §14; 2005 c.609 §13; 2007 c.541 §25; 2015 c.672 §10]

 

      671.605 Effect of change in partners or corporate owners; fee. A partnership or corporation licensed as a landscape contracting business shall notify the State Landscape Contractors Board immediately upon any change in partners or corporate owners or in the percentage of an ownership interest in the landscape contracting business. Upon a change in partners, a licensed partnership immediately shall apply for a new license and pay to the board the fee required by ORS 671.650 for an original license. [1983 c.452 §11; 2007 c.541 §26]

 

      671.607 License refusal or suspension for landscape contracting business debt; rules. (1) As used in this section:

      (a) “Landscape contracting business debt” means an amount owed under:

      (A) A final order or arbitration award issued under ORS 671.703; or

      (B) A judgment or civil penalty arising from landscape contracting business activities in any state.

      (b) “Landscape contracting business license” means a license issued within the United States to engage in a landscape contracting business.

      (c) “Officer” means any of the following persons:

      (A) A president, vice president, secretary, treasurer or director of a corporation.

      (B) A general partner in a limited partnership.

      (C) A manager in a manager-managed limited liability company.

      (D) A member of a member-managed limited liability company.

      (E) A trustee.

      (F) A person qualifying as an officer under board rules. The definition of officer adopted by board rule may include persons not listed in this paragraph who may exercise substantial control over a business.

      (d) “Owner” means a sole proprietor of, general partner in or holder of a controlling interest in a business, or a person defined as an owner by board rule.

      (2) The board shall adopt rules defining an owner for purposes of subsection (1) of this section. The rules may not define an owner in a manner that includes an investor who has no right to manage a business, including but not limited to:

      (a) A person who is solely a minority shareholder in a corporation;

      (b) A member of a manager-managed limited liability company; or

      (c) A limited partner in a limited partnership who does not participate in the control of the business of the limited partnership.

      (3) The board may suspend or refuse to issue a landscape contracting business license if:

      (a) The business owes a landscape contracting business debt or has had a landscape contracting business license revoked;

      (b) An owner or officer of the landscape contracting business owes a landscape contracting business debt or has had a landscape contracting business license revoked; or

      (c) An owner or officer of the landscape contracting business was an owner or officer of another business at the time the other business incurred a landscape contracting business debt that is owing or at the time of an event that resulted in the revocation of the other business’s landscape contracting business license.

      (4) The board may hold the suspension or refusal of a license under subsection (3) of this section in abeyance if the person owing a landscape contracting business debt is adhering to a board-approved plan for restitution of the amount owed. [2005 c.609 §7; 2007 c.149 §4; 2007 c.541 §27]

 

      671.610 Grounds for sanctions against licensee; suspension or refusal of license without prior hearing; hearing; effect of revocation; civil penalty; rules. (1) In addition to any civil penalty assessed under ORS 671.997, the State Landscape Contractors Board may suspend, revoke or refuse to issue or renew the license of a landscape construction professional or landscape contracting business that does any of the following:

      (a) Obtains or attempts to obtain a license under ORS 671.510 to 671.760 by fraud or material misrepresentation.

      (b) Makes a material misrepresentation about the quality of any material or service the person provides.

      (c) Performs defective work.

      (d) Furnishes defective materials.

      (e) Makes misleading statements when advertising services or materials.

      (f) Violates a provision of ORS 671.510 to 671.760.

      (g) Fails to have a replacement bond, letter of credit or deposit on file at the time of a termination, cancellation, reduction or withdrawal of the bond, letter of credit or deposit required by ORS 671.690.

      (h) Fails to maintain public liability, personal injury and property damage insurance as required by ORS 671.565 throughout a licensing period.

      (i) Fails to comply with ORS 671.527 or 671.562.

      (j) Fails to provide evidence of workers’ compensation coverage as described in ORS 671.565.

      (k) Violates a voluntary compliance agreement entered into under ORS 336.184 and 646.605 to 646.652.

      (L) Performs work for which a permit is required under the state building code without obtaining the required permit, if the work results in the filing of a claim with the board.

      (m) Violates a rule or order of the board.

      (n) Refuses to comply with a subpoena issued by the board.

      (o) Fails to pay in full any amount owed to a claimant under a final order of the board or an arbitration award, or under a judgment rendered in this or any other state.

      (p) Does not make payment, including any interest due, for labor or materials contracted for by the person pursuant to a contract for a public improvement within 90 days after the date the person receives payment from a public contracting agency or, if the person is a subcontractor, from the contractor.

      (q) Engages in conduct as a landscape construction professional or landscape contracting business that is dishonest or fraudulent or that the board finds injurious to the welfare of the public.

      (r) Fails to comply with the requirements of ORS 652.120.

      (s) Is convicted of a crime under ORS 163.107, 163.115, 163.185, 163.225, 163.235, 163.355, 163.365, 163.375, 163.385, 163.395, 163.405, 163.408, 163.411, 163.415, 163.425, 163.427, 164.055, 164.075, 164.325 or 164.415, provided that the facts supporting the conviction and all intervening circumstances make the determination to suspend, revoke or refuse to issue or renew the license consistent with ORS 670.280.

      (2) The board may suspend or refuse to renew the license of a landscape construction professional or landscape contracting business without prior hearing if, after investigating and setting forth in writing the facts supporting the action, the board determines that continued activity by the landscape construction professional or landscape contracting business poses an imminent threat of serious harm to the public welfare. Facts sufficient to support a suspension or refusal to renew under this subsection include, but are not limited to:

      (a) The lack of a surety bond, letter of credit or deposit required under ORS 671.690;

      (b) The lack of public liability, personal injury or property damage insurance required under ORS 671.565;

      (c) The lack of workers’ compensation insurance that is required of the licensee under ORS 671.562;

      (d) The hiring of employees while licensed as exempt under ORS 671.525;

      (e) Conduct as a landscape construction professional or a landscape contracting business that is dishonest;

      (f) Operation of a landscape contracting business that does not employ at least one licensed landscape construction professional; or

      (g) The failure to notify the board of any unpaid court judgment, arbitration award or administrative agency final order as required by ORS 671.563.

      (3) A person whose license is suspended or refused renewal under subsection (2) of this section may request a hearing within 90 days after receiving the notice of the suspension or refusal to renew. Except as provided in this subsection, the board shall give a contested case hearing requested under this subsection priority over other hearings and schedule the hearing for the earliest practicable date. If a citation is issued to the person and the order of suspension or refusal to renew will terminate by its terms if a court renders a final judgment regarding the citation in favor of the person, the person may request that the board hold the requested contested case hearing in abeyance until after the court has rendered a final judgment.

      (4) A person whose license is revoked under this section is not eligible to apply for a license under ORS 671.510 to 671.760 until two years after the effective date of the revocation.

      (5) The board may suspend, revoke or refuse to reissue the license of a landscape contracting business, and may impose a civil penalty, all as provided under ORS 671.997 (4), if the board determines, after notice and opportunity for a hearing, that the landscape contracting business was working with other landscape contracting businesses on the same task and work site where one of the landscape contracting businesses is licensed as an exempt independent contractor under ORS 671.525 (2)(b) and the total number of landscape contracting businesses working on the task exceeded:

      (a) Two sole proprietors;

      (b) One partnership;

      (c) One corporation; or

      (d) One limited liability company.

      (6) The board shall provide by rule a process and criteria that must be met for restoration of a license that has not been permanently revoked. [1971 c.764 §11; 1981 c.536 §23; 1987 c.461 §2; 1989 c.944 §2; 1995 c.645 §1; 1997 c.337 §3; 2001 c.924 §26; 2005 c.609 §14; 2007 c.151 §4; 2007 c.541 §28; 2009 c.11 §87; 2011 c.283 §5; 2019 c.635 §29]

 

      671.613 Sanction for failure to comply with certain laws; civil penalty. (1) The failure of a landscape contracting business to comply with the provisions of this section and ORS 279C.800 to 279C.870, 656.021, 657.665, 670.600, 671.525, 671.530 and 671.575 or to be in conformance with the provisions of ORS 279.835 to 279.855 or ORS chapter 279A, 279B, 279C, 316, 571, 656 or 657 is a basis for suspension of the landscape contracting business license, revocation of the landscape contracting business license, refusal to issue or reissue a landscape contracting business license, assessment of a civil penalty as set forth in ORS 671.997 or a combination of these sanctions.

      (2) Any action against a landscape contracting business under this section shall be conducted in conformance with the provisions of ORS 183.413 to 183.497. [1991 c.533 §9; 1999 c.535 §5; 2001 c.108 §2; 2003 c.794 §315; 2007 c.541 §29]

 

      671.614 Placement on probation; conditions; failure to fulfill conditions. (1) The State Landscape Contractors Board may issue an order placing a landscape contracting business, or any landscape construction professional that is employed by the landscape contracting business or is a landscape contracting business owner or officer as defined in ORS 671.607, on probation if three or more claims are filed against the landscape contracting business’s bond, letter of credit or deposit within a 12-month period.

      (2) The board may place a landscape contracting business or landscape construction professional on probation under this section only if the board determines after investigation of the complaints that a significant likelihood exists that continued activity by the landscape contracting business or landscape construction professional without board supervision will result in additional claims against the landscape contracting business.

      (3) The board may require as a condition of probation imposed under this section that the landscape construction professional take a board-approved education course in one or more subjects relating to landscape operations.

      (4) The board may require as a condition of probation imposed under this section that the owner or officer of the landscape contracting business take a board-approved education course in one or more subjects relating to landscape contracting business or general business practices.

      (5) The board may take action to suspend, revoke or refuse to renew the license of the landscape contracting business or landscape construction professional if the business or professional fails to fulfill the conditions of the probation. [2005 c.609 §4; 2007 c.541 §30; 2009 c.11 §88]

 

      671.615 Installation of backflow assemblies; qualification rules. The State Landscape Contractors Board may license a landscape construction professional to install backflow assemblies for irrigation systems and ornamental water features. The board, by rule, shall establish qualifications for issuance of a license under this section. A landscape construction professional may install a backflow assembly only if the landscape construction professional is licensed under this section and is the owner of, or employed by, a licensed landscape contracting business. A landscape construction professional installing a backflow assembly may tap into the potable water supply only at a point after the connection between the water system and the customer, as that connection is defined in ORS 448.115. [1987 c.561 §2; 1989 c.944 §3; 1995 c.645 §2; 2001 c.181 §2; 2005 c.609 §15; 2007 c.541 §31]

 

      671.617 Examination for backflow assembly installer license. (1) The State Landscape Contractors Board shall consult with the State Plumbing Board in developing any written and practical examinations for backflow assembly installer licenses.

      (2) Notwithstanding ORS 192.173, upon request of the applicant, the State Landscape Contractors Board shall make any written examination that the board offers for backflow assembly installer licensing available in a format in which instructions and questions stated in the English language are immediately followed by a Spanish language translation of those instructions and questions. [1989 c.944 §4; 2005 c.609 §16; 2015 c.652 §5]

 

      671.620 [1971 c.764 §12; repealed by 1987 c.461 §9]

 

      671.625 Minimum standards for contracts and billings; rules; compliance; effect of noncompliance. (1) The State Landscape Contractors Board shall by rule adopt minimum standards for written contracts and billings of the landscape contracting businesses. The standards shall set forth requirements for information that must be contained in contracts and billings. The information required shall be any information the board determines is necessary to provide protection for consumers of the services and materials provided by landscape contracting businesses.

      (2) Work by a landscape contracting business subject to ORS 671.510 to 671.760 for which the business charges $2,000 or more for a landscape job, as defined in board rule, shall only be performed subject to a written contract. Any contract or billing for such work must conform to the standards adopted under subsection (1) of this section.

      (3) A contract that does not substantially comply with this section may not be enforced by a landscape contracting business in any court or other proceedings within this state. [1979 c.840 §13; 1983 c.452 §12; 2007 c.541 §32; 2015 c.672 §11]

 

      671.627 Rescission of contract with landscape contracting business; deadline; written notices between parties; prohibitions; rules. (1)(a) A person that executes a written contract with a landscape contracting business for work on real property that the person owns or leases may, within three business days after the date of execution, rescind the contract as provided in paragraph (b) of this subsection.

      (b) A person that intends to rescind a contract described in paragraph (a) of this subsection shall deliver to the landscape contracting business a written notice that clearly states the person’s intent to rescind the contract. For purposes of this paragraph, a written notice includes notice by means of facsimile, electronic mail or other electronic notice in written form.

      (2) A person may not rescind a contract as provided in subsection (1) of this section if:

      (a) The person agrees in writing that the landscape contracting business may begin work under the contract before the three-day period set forth in subsection (1) of this section expires; or

      (b) The person agrees to an amendment of the terms or conditions of the contract after the three-day period set forth in subsection (1) of this section expires.

      (3)(a) At the same time a landscape contracting business executes a contract described in subsection (1) of this section, the landscape contracting business shall provide written notice of the right of rescission under this section to the person with whom the landscape contracting business enters into the contract.

      (b) The State Landscape Contractors Board by rule may specify the form and content of the notice described in paragraph (a) of this subsection. [2023 c.304 §2]

 

      671.628 [1991 c.533 §4; repealed by 2001 c.108 §4]

 

(Landscape Contractors Board)

 

      671.630 State Landscape Contractors Board; members. The State Landscape Contractors Board shall operate as a semi-independent state agency subject to ORS 182.456 to 182.472 for purposes of carrying out the provisions of ORS 671.510 to 671.760, 671.990 (2) and 671.997. The board shall consist of seven members appointed by the Governor. The Governor shall make appointments to the board from all segments of the landscape contracting industry. At least two board members must be public members. [1971 c.764 §14; 1973 c.832 §32; 1975 c.757 §7; 1981 c.536 §24; 1987 c.414 §46; 1993 c.744 §192; 2001 c.409 §6]

 

      671.640 [1971 c.764 §15; 1973 c.832 §33; repealed by 1975 c.757 §8]

 

      671.650 License fees. (1) The State Landscape Contractors Board shall establish fees, including but not limited to annual landscape construction professional license fees and annual landscape contracting business license fees.

      (2) The license fee for an out-of-state landscape contracting business operating in Oregon must be the same as for an Oregon landscape contracting business. [1971 c.764 §17; 1973 c.832 §34; 1981 c.536 §25; 1983 c.452 §13; 1989 c.450 §1; 1997 c.327 §2; 2001 c.409 §7; 2007 c.541 §33]

 

      671.655 Deposit of moneys. Except as the State Landscape Contractors Board may otherwise provide under ORS 182.462 (1)(e), the board shall deposit moneys received as fees or civil penalties into the account created by the board pursuant to ORS 182.470. [2005 c.609 §6; 2011 c.110 §5]

 

      671.660 Renewal of licenses; effect of lapse; penalty fees. (1) The fee for renewal of a license issued under ORS 671.510 to 671.760 shall be paid annually on or before the last day of the month of the anniversary of issuance.

      (2) The State Landscape Contractors Board may not issue a new license to a person who has been previously licensed under ORS 671.510 to 671.760 and whose license has expired, unless the person makes written application on a form approved by the board and pays the required annual fee. The board may require the person to also pay a penalty fee.

      (3) If a license lapses for two years or more, the person must reapply as for initial issuance of the license.

      (4) When a landscape contracting business renews its license, the business must submit the names of all employees who are licensed landscape construction professionals.

      (5) When a person renews a landscape construction professional license, the person must:

      (a) Submit the name of the employer if the person is currently performing landscaping work; and

      (b) Demonstrate that the person has complied with the continuing education requirement adopted by the board. [1971 c.764 §18; 1973 c.832 §35; 1977 c.873 §5; 1983 c.452 §14; 2001 c.409 §8; 2007 c.550 §§3,6]

 

      671.670 Rulemaking authority. In accordance with any applicable provision of ORS chapter 183, the State Landscape Contractors Board may adopt rules the board considers reasonable for the administration and enforcement of ORS 671.510 to 671.760 and 671.997. [1971 c.764 §19; 1981 c.536 §26; 2005 c.609 §17]

 

      671.675 [1987 c.461 §7; repealed by 1995 c.645 §6]

 

      671.676 Continuing education; rules. (1) The State Landscape Contractors Board shall adopt rules establishing continuing education requirements for landscape construction professionals. A continuing education requirement adopted by the board must equal or exceed:

      (a) Sixteen hours of continuing education during a two-year period for a landscape construction professional who has six years or less of experience as an active licensee on the beginning date of the period; or

      (b) Eight hours of continuing education during a two-year period for a landscape construction professional who has more than six years of experience as an active licensee on the beginning date of the period.

      (2) The board may approve programs for purposes of continuing education for landscape construction professionals and determine the number of hours to be credited to the programs. The board shall ensure that continuing education opportunities for landscape construction professionals are readily available.

      (3) Programs approved by the board for continuing education purposes must be designed to directly contribute to the professional competency of landscape construction professionals. Approved programs may include, but need not be limited to:

      (a) Professional development programs and technical meetings of professional associations for landscape contracting businesses or for related industries such as pesticide application or irrigation auditing;

      (b) University or college courses related to landscaping or horticulture;

      (c) Professional staff training programs by associations of landscape construction professionals; and

      (d) Online or other forms of educational programs.

      (4) The board may adopt rules establishing grounds for obtaining a waiver of the continuing education requirements for landscape construction professionals. The board may not allow a waiver for consecutive two-year periods except for a waiver due to military service, retirement, disability, absence from the state, inactive status or extreme hardship. [2007 c.550 §2; 2007 c.550 §5; 2015 c.672 §12]

 

      671.680 [1971 c.764 §21; repealed by 1975 c.757 §8]

 

      671.681 Advisory and technical committees. (1) To aid and advise the State Landscape Contractors Board in the performance of the functions of the board, the board administrator may establish such advisory and technical committees as the administrator considers necessary. These committees may be continuing or temporary. The administrator shall determine the representation, membership, terms and organization of the committees and shall appoint their members. The administrator is an ex officio member of each committee.

      (2) Members of the committees are not entitled to compensation, but the board may fix and pay to the committee members from the funds available to the board per diem and actual and necessary travel and other expenses incurred by the committee members in the performance of their official duties. [2007 c.399 §1]

 

      Note: 671.681 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 671 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

(Claims)

 

      671.690 Surety bond, letter of credit or other security. (1) An applicant for a license as a landscape contracting business shall file with the State Landscape Contractors Board a surety bond with one or more corporate sureties authorized to do business in this state, or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008. The amount of the bond or letter of credit shall be:

      (a) $3,000 for an applicant, unless the applicant is described under paragraphs (b) to (e) of this subsection.

      (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 (d) or (e) of this subsection by work on other landscape jobs, as defined by board rule, 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, but less than $50,000, for a landscape job.

      (e) $20,000 for an applicant who charges $50,000 or more for a landscape job.

      (2) The bond or letter of credit shall be conditioned that the applicant pays:

      (a) All taxes and contributions due to the State of Oregon;

      (b) All persons furnishing labor or material, or renting or supplying equipment to the landscape contracting business;

      (c) All amounts that may be adjudged against the landscape contracting business by reason of negligent or improper work or breach of contract in performing any work subject to ORS 671.510 to 671.760; and

      (d) All amounts from the bond, letter of credit or deposit the board orders paid under ORS 671.703.

      (3) In addition to providing the applicant with coverage for the activities described in ORS 671.520 (1), the bond or letter of credit must provide the applicant with coverage for:

      (a) Backflow assembly testing services provided by employees of the landscape contracting business who are certified under ORS 448.279;

      (b) The installation, repair or maintenance by the landscape contracting business of backflow assemblies for irrigation systems and ornamental water features as described in ORS 447.060;

      (c) The installation by the landscape contracting business of landscape irrigation control wiring and outdoor landscape lighting as described in ORS 479.940; and

      (d) The removal or pruning of a tree, removal of limbs or stumps and tree or limb guying.

      (4) In lieu of the surety bond or letter of credit, the applicant may file with the board, under the same terms and conditions as when a bond is filed, a deposit in cash or negotiable securities acceptable to the board.

      (5) The bond, letter of credit or deposit must be continuously on file with the board in the amount required by this section and is for the exclusive purpose of payment of final orders and arbitration awards in accordance with ORS 671.703. Upon termination or cancellation of the bond, withdrawal of the deposit or reduction of the bond, letter of credit or deposit to less than the required amount, the licensee shall immediately:

      (a) File a replacement bond, letter of credit or deposit; or

      (b) Surrender the license to the board and cease operating as a landscape contracting business.

      (6) If the cost of a project makes, or foreseeably will make, a licensee subject to a higher bond or letter of credit requirement under subsection (1) of this section, the licensee shall immediately file additional bonds, letters of credit or deposits to meet the higher requirements.

      (7) The landscape contracting business is responsible for all work subject to ORS 671.510 to 671.760 that is performed or contracted for by the business. [1973 c.832 §29b; 1979 c.840 §6; 1983 c.452 §15; 1991 c.331 §103; 1995 c.645 §3; 1997 c.631 §520; 1999 c.32 §3; 2001 c.198 §2; 2005 c.609 §18; 2007 c.149 §5; 2007 c.541 §35; 2011 c.104 §1; 2015 c.672 §13]

 

      671.695 Types of claims. A claim against a licensed landscape contracting business is payable from the bond, letter of credit or deposit required of the landscape contracting business under ORS 671.690 only if the claim arises from the performance, or a contract for the performance, of work that is subject to ORS 671.510 to 671.760. The claim must be of one or more of the following types:

      (1) A claim against the landscape contracting business by the property owner or the owner’s agent for any of the following:

      (a) Negligent work.

      (b) Improper work.

      (c) Breach of an oral or written contract.

      (2) A claim against the landscape contracting business by the property owner or the owner’s agent to discharge, or to recoup funds expended in discharging, a lien established under ORS 87.010 to 87.060 or 87.075 to 87.093. The State Landscape Contractors Board may reduce a claim described in this subsection by any amount the claimant owes the landscape contracting business. The board shall process claims described in this subsection only if:

      (a) The owner paid the landscape contracting business for work subject to ORS 671.510 to 671.760; and

      (b) A lien established against the property of the owner under ORS 87.010 to 87.060 or 87.075 to 87.093 is filed because the landscape contracting business failed to pay the person claiming the lien for that person’s contribution toward completion of the improvement.

      (3) A claim against a licensed subcontractor by a licensed landscape contracting business or by a construction contractor licensed under ORS chapter 701, for any of the following:

      (a) Negligent work.

      (b) Improper work.

      (c) Breach of an oral or written contract.

      (4) A claim by a person furnishing labor to a landscape contracting business.

      (5) A claim, as limited by rule of the board, by a person furnishing material or renting or supplying equipment to the landscape contracting business. The minimum limit set by the board may not be more than $150.

      (6) A claim by a subcontractor against the landscape contracting business for unpaid labor or materials arising out of a contract. [2007 c.149 §2; 2007 c.541 §37b; 2015 c.672 §14]

 

      671.700 Notice of claim; timeliness; board authority over dispute. (1) If a claim is filed with the State Landscape Contractors Board against a licensed landscape contracting business for payment from the bond, letter of credit or deposit required of the business under ORS 671.690, the board may resolve the dispute involving the landscape contracting business.

      (2) A person having a claim against a landscape contracting business shall give the board notice of the claim in writing 90 days before any action on the bond, letter of credit or deposit is commenced.

      (3) The board may not accept a claim against a landscape contracting business for processing if the claim is not filed with the board within one year after the business substantially completed work. The board may not issue an order for the payment of a court judgment or arbitration award from the bond, letter of credit or deposit of a landscape contracting business unless the person has timely filed with the board a claim against the business regarding the same matter that resulted in the judgment or award. [1973 c.832 §29c; 1983 c.452 §16; 1987 c.461 §3; 2007 c.149 §6; 2007 c.541 §36a]

 

      671.701 Claims against business holding dual licensing. (1) A person may file complaints against a licensed landscape contracting business with both the Construction Contractors Board and the State Landscape Contractors Board regarding the same work if:

      (a) The landscape contracting business holds a license as a construction contractor issued under ORS chapter 701; and

      (b) The complaint to the Construction Contractors Board qualifies for filing under ORS chapter 701 and the complaint to the State Landscape Contractors Board qualifies for filing under ORS 671.510 to 671.760.

      (2) Subsection (1) of this section does not expand the authority of the Construction Contractors Board or State Landscape Contractors Board to resolve a complaint or pay a claim. A determination by either board regarding a complaint or claim is not binding on the other board. The total amount paid to a person described in subsection (1) of this section by the boards may not exceed the damages sustained by the person. The State Landscape Contractors Board may require a person who files a complaint against a landscape contracting business to inform the board of any complaint the person files with the Construction Contractors Board against the business. [2015 c.672 §3]

 

      671.703 Investigation of claim; resolution processes; dismissal of claim; rules. (1) Upon acceptance of a claim described in ORS 671.695, the State Landscape Contractors Board shall initiate an investigation. Upon completion of the investigation, if the board determines that facts exist supporting an order for payment, the board may order the landscape contracting business to pay the claim. A party to the claim may request a hearing on the order issued by the board.

      (2) Subject to subsection (5) of this section, if the resolution of the claim requires a hearing, the board may require that the hearing be conducted as a binding arbitration under rules adopted by the board under subsection (4) of this section.

      (3) The board may use arbitration, mediation or other forms of dispute resolution to resolve a landscaping dispute between any parties who agree to follow the rules of the board, including parties to a dispute that is not a claim described in ORS 671.695.

      (4) Except as provided in this subsection, rules adopted by the board to regulate arbitration under subsections (2) and (3) of this section must substantially conform with the provisions of ORS 36.600, 36.610 to 36.630, 36.635 (2), 36.640, 36.645 (2), 36.650 to 36.680, 36.685 (1) and 36.690 to 36.740. The rules may:

      (a) Require that a hearing under ORS 183.413 to 183.470 be conducted for issues for which a petition could be filed under ORS 36.615, 36.620, 36.625 and 36.640;

      (b) Limit orders and awards made by the arbitrator as necessary to comply with ORS 671.510 to 671.760;

      (c) Require that a request that an arbitrator modify or correct an award under ORS 36.690 be submitted in a form specified by the rule;

      (d) Require that a petition under ORS 36.705 (2) or 36.710 (1) be filed in a shorter period of time than provided by ORS 36.705 and 36.760; and

      (e) Include any other provision necessary to conform the arbitration to ORS 671.510 to 671.760.

      (5) A party to a claim that is subject to a board order of binding arbitration under subsection (2) of this section may avoid the arbitration if the party requests to have the claim resolved through a contested case hearing or files a complaint in a court. A party making a request or filing a complaint under this subsection is subject to the following provisions:

      (a) If the party requests to have a claim resolved through a contested case hearing, the party must, within the time specified in paragraph (c) of this subsection, deliver the request in writing to the board and to all parties entitled by board rule to receive a copy of the request.

      (b) If the party files a complaint in a court, the party must, within the time specified in paragraph (c) of this subsection, deliver a copy of the complaint to the board and to all parties entitled by the board rule to receive a copy of the complaint. If the party filing the complaint is the claimant, the claimant must allege all elements of the claim in the complaint. If the complaint is filed by the licensed landscape contracting business against whom a claim is alleged, the complaint may be a complaint for damages, a complaint for declaratory judgment or other complaint that allows the claimant to file a response alleging the elements of the claim. The claimant has the burden of proving the elements of the claim in any action described in this paragraph.

      (c) A party that is subject to paragraph (a) or (b) of this subsection must deliver a request or complaint to the board as described in paragraphs (a) and (b) of this subsection no later than the 30th day after the board sends notice that an arbitration hearing has been scheduled. Failure to timely deliver a request or complaint under this paragraph constitutes consent to the binding arbitration.

      (d) If a party makes a timely request under paragraph (a) of this subsection for a contested case hearing and another party timely files a complaint in compliance with paragraph (b) of this subsection, the filing of the complaint supersedes the request for a contested case hearing.

      (e) A party may not withdraw a request made in compliance with paragraph (a) of this subsection unless all parties agree to the withdrawal.

      (f) The provisions of paragraph (b) of this subsection are in addition to any other requirements imposed by law regarding the filing of a complaint.

      (6) An arbitration conducted under subsection (2) or (3) of this section must be held before an administrative law judge acting as arbitrator. The administrative law judge assigned to act as arbitrator of the case on behalf of the board must be from the Office of Administrative Hearings established under ORS 183.605. The assignment of an administrative law judge to act as arbitrator is subject to a request for a different arbitrator under ORS 183.645 or a rule adopted pursuant to ORS 183.645.

      (7) If a party to a claim described in ORS 671.695 requests a contested case hearing, the board shall schedule the hearing. If a party files a court action to determine the matter described in the claim, the board shall suspend further processing of the claim until the action is resolved by an appropriate court.

      (8) If the matter described in a claim is submitted for determination by a court, the board may require that the claimant provide status reports on the pending action. The board may dismiss or close a claim described in ORS 671.695 as established by rule of the board if the claimant fails to submit status reports on a pending action.

      (9) If a final order or arbitration award is issued under this section and the landscape contracting business does not pay the claim on or before the 30th day after receiving the order, the board shall order the claim paid out of the bond, letter of credit or deposit filed under ORS 671.690.

      (10) The board may dismiss or close a claim as established by rule of the board if:

      (a) The claimant does not permit the person against whom the claim is filed to be present at any on-site investigation made by the board; or

      (b) The board determines that the person against whom the claim is filed is capable of complying with recommendations made by the board relative to the claim, but the claimant does not permit the person to comply with the recommendations. The board may dismiss or close a claim under this paragraph only if the person was licensed at the time the work was first performed and is licensed at the time the board makes its recommendations.

      (11) The board may suspend processing a claim if the board determines that the nature or complexity of the claim is such that a court is the appropriate forum for the adjudication of the claim. [1979 c.840 §8; 1983 c.452 §17; 1987 c.461 §4; 1989 c.153 §1; 1991 c.533 §2; 1995 c.645 §4; 2001 c.198 §§3,4; 2003 c.75 §56; 2003 c.598 §§48,49; 2007 c.149 §7; 2007 c.541 §37a]

 

      671.705 [1979 c.840 §9; 1981 c.897 §99; 1983 c.452 §18; repealed by 1995 c.645 §6]

 

      671.707 Actions following final order of board. (1) If a final order of the State Landscape Contractors Board is not paid by the landscape contracting business, the board shall notify the surety on the business’s bond.

      (2) An order of the board that determines a claim under ORS 671.703 that becomes final by operation of law or on appeal and remains unpaid for 20 days after the order becomes final is an order in favor of the claimant against the landscape contracting business and may be recorded with the county clerk in any county of this state.

      (3) Upon receipt, the clerk shall record the order in the County Clerk Lien Record. In addition to any other remedy provided by law, recording an order in the County Clerk Lien Record pursuant to this section has the effect provided for in ORS 205.125 and 205.126, and the order may be enforced as provided in ORS 205.125 and 205.126. [1979 c.840 §10; 1999 c.153 §1; 2007 c.149 §8; 2007 c.541 §38a]

 

      671.710 Priority on satisfaction of claims. (1) Determinations by the State Landscape Contractors Board or judgments against the surety bond, letter of credit or deposit of a landscape contracting business for claims filed during a 90-day period shall be satisfied in the priority listed in subsections (2) to (4) of this section. The payment of a claim filed during a 90-day period has priority over any claim filed during a subsequent 90-day period. A 90-day period begins on the date the first claim is filed with the board. A subsequent 90-day period begins on the date the first claim is filed with the board after the close of the preceding 90-day period.

      (2) Determinations and judgments as a result of claims filed within a 90-day period against a landscape contracting business by owners of property upon which landscaping work was performed or was contracted to perform, or by the agents of the owner, have payment priority to the full extent of the bond, letter of credit or deposit over all other claims filed within the same 90-day period.

      (3) If the total of all claims filed against a landscape contracting business by property owners or their agents under subsection (2) of this section within a 90-day period does not exhaust the bond, letter of credit or deposit, amounts due as a result of all other claims filed within the same 90-day period may be satisfied from the remainder of the bond, letter of credit or deposit, except that the total amount paid from any one bond to nonowner claimants may not exceed $3,000.

      (4) If the total of all claims against a landscape contracting business within a single 90-day period exceeds the amount of the bond, letter of credit or deposit available for payment of those claims, payment from the bond, letter of credit or deposit shall be apportioned as the board determines, subject to the claim payment priorities established under this section.

      (5) The total amount paid from any one bond for recovery of dispute resolution costs, interest and attorney fees may not exceed $3,000. [1973 c.832 §29d; 1979 c.840 §11; 1983 c.452 §19; 1999 c.34 §1; 2005 c.609 §19; 2007 c.149 §9; 2007 c.541 §39]

 

      671.720 [1975 c.757 §11; 1987 c.461 §5; 1991 c.734 §66; 1995 c.645 §5; 1997 c.337 §4; 2001 c.108 §3; 2001 c.409 §9a; renumbered 671.955 in 2001]

 

(Local Business Licenses)

 

      671.750 Portland metropolitan area business licenses. The Legislative Assembly intends to reduce the number of city business licenses that a landscape contracting business must obtain to conduct business in the Portland metropolitan area. The purpose of this section and ORS 671.755 is to enable a landscape contracting business to secure from the metropolitan service district one business license that will permit the landscape contracting business to conduct business in cities in which the landscape contracting business performs a limited amount of work and in which it does not have a principal place of business. The Legislative Assembly also intends that this section and ORS 671.755 apply only to landscape contracting businesses without regard to any subsequent expansion of the jurisdiction of the State Landscape Contractors Board over other businesses. It is the policy of this state that, to the maximum extent possible consistent with the requirements of this section and ORS 671.755, the cities within the boundaries of the metropolitan service district be allowed to control the imposition of business license taxes and to maintain the level of revenues obtained from those taxes. The amount and trends of revenue produced or distributed to each city is intended to reflect the landscape contracting business activity within the participating cities. [2007 c.541 §46]

 

      671.755 Issuance of business license by metropolitan service district; city business license tax. (1) As used in this section:

      (a) “Business license tax” means any fee paid by a person to a city or county for any form of license that is required by the city or county in order to conduct business in that city or county. “Business license tax” does not mean a franchise fee or privilege tax imposed by a city upon a public utility under ORS 221.420 or 221.450 or under a city charter.

      (b) “Conducting business” means engaging directly, or through officers, agents and employees, in an activity in pursuit of gain.

      (c) “Principal place of business” means the location in this state of the central administrative office of a person conducting business in this state.

      (d) “Within a metropolitan service district” means that city limits are wholly or partially inside district boundaries.

      (2) A landscape contracting business shall pay directly to any city within a metropolitan service district any business license tax imposed by the city if:

      (a) The landscape contracting business has its principal place of business within the city; or

      (b) The landscape contracting business does not have its principal place of business within the city but derives gross receipts of $250,000 or more from conducting business within the city during the calendar year for which the tax is owed.

      (3) A landscape contracting business may apply for a business license from a metropolitan service district if the business conducts business in a city that is within the district but that is not a city to which the business directly pays a business license tax for that year.

      (4) The metropolitan service district shall issue a business license to a landscape contracting business if:

      (a) The business proves to the district that the business has directly paid the business license tax imposed by each city within the district to which the business must directly pay a business license tax; and

      (b) The business pays a license fee to the district.

      (5) The license fee charged under subsection (4) of this section shall be twice the average business license tax charged to landscape contracting businesses by cities located within the metropolitan service district plus an amount that is sufficient to reimburse the district for the administrative expenses of the district incurred in carrying out its duties under this section.

      (6) If a landscape contracting business is issued a business license by the metropolitan service district under subsection (4) of this section, and a city within the district other than a city described in subsection (2) of this section demands that the business pay a business license tax, the demanding city shall waive payment of the tax if the business proves by possession or otherwise that the business has a business license issued by the metropolitan service district for the calendar year for which the tax is owed.

      (7) The metropolitan service district shall distribute the business license fees collected by the district under this section, less administrative expenses, to the cities within the district that collect a business license tax. In any year, each of the cities shall receive a share of the license fees based upon the proportion that the number of residential building permits the city issued during the year bears to the total number of residential building permits issued during the year by all of the cities within the district. The district shall determine the number of residential building permits issued by cities within the district from statistics. A district shall distribute moneys under this subsection at least once each year. [2007 c.541 §47; 2015 c.180 §48]

 

      671.760 Business income tax. (1) As used in this section, “business license tax” has the meaning given that term in ORS 671.755.

      (2) A city that imposes a business license tax based on or measured by adjusted net income earned by conducting business within the city is exempt from ORS 671.755. [2007 c.541 §48]

 

      671.950 [Formerly 671.435; 2003 c.14 §425; renumbered 671.995 in 2005]

 

      671.955 [Formerly 671.720; 2005 c.609 §20; renumbered 671.997 in 2005]

 

PENALTIES

 

      671.990 Penalties for violations of ORS 671.010 to 671.220 or 671.530. (1)(a) A person that violates a provision of ORS 671.010 to 671.220 or a rule the State Board of Architect Examiners adopts under ORS 671.010 to 671.220 is subject to a civil penalty of not more than $5,000 for each violation. A civil penalty under this subsection is in addition to and not in lieu of any other penalty or sanction provided by law.

      (b) The board may impose a civil penalty under this section only in accordance with ORS 183.745.

      (c) Notwithstanding ORS 670.335, the board shall deposit all civil penalties recovered under this section into an account the board establishes in accordance with ORS 182.470. Moneys the board deposits are appropriated continuously to the board and may be used only for the administration and enforcement of ORS 182.456 to 182.472 and 671.010 to 671.220.

      (2) Violation of ORS 671.530 is a misdemeanor. [Subsection (2) enacted as 1961 c.431 §24; subsection (3) enacted as 1971 c.764 §22; 1977 c.803 §17; 1981 c.536 §18; 2023 c.70 §17]

 

      671.992 Criminal penalties for violations of ORS 671.310 to 671.459. Violation of any provision of ORS 671.310 to 671.459, or any rule of the State Landscape Architect Board adopted thereunder, is a Class A misdemeanor. [2001 c.950 §8; 2003 c.14 §426; 2011 c.597 §276]

 

      671.995 Civil penalties for violations of ORS 671.310 to 671.459. (1) The State Landscape Architect Board may impose a civil penalty against any person who violates any provision of ORS 671.310 to 671.459 or any rule adopted thereunder. The penalty shall be imposed in the manner provided by ORS 183.745. The board shall determine the amount of a civil penalty imposed under this section, not to exceed $5,000 for each offense. Notwithstanding ORS 670.335, civil penalties recovered under this section shall be deposited into an account established by the board as provided under ORS 182.470. Moneys deposited are appropriated continuously to the board for the administration and enforcement of ORS 182.456 to 182.472, 671.310 to 671.459 and 671.995. The Attorney General shall bring an action in the name of the State of Oregon in a court of appropriate jurisdiction to enforce any civil penalty imposed under this section.

      (2) In determining the amount of a civil penalty imposed under this section, the board may consider:

      (a) The seriousness of the violation;

      (b) The economic benefit to the violator resulting from the violation;

      (c) Whether the violator has previously committed violations; and

      (d) Other factors that the board finds appropriate. [Formerly 671.950]

 

      671.997 Civil penalties for violations of ORS 671.510 to 671.760. (1) The State Landscape Contractors Board may impose a civil penalty against a person who violates any provision of ORS 671.510 to 671.760 or a rule adopted pursuant to ORS 670.310, 670.605 or 671.670. The board shall determine the amount of the civil penalty, not to exceed $2,000 for each offense.

      (2) The board shall impose civil penalties under this section as provided in ORS 183.745.

      (3) The provisions of this section are in addition to and not in lieu of any other penalty or sanction provided by law.

      (4)(a) If a landscape contracting business commits an act described under ORS 671.610 (5), the board may assess civil penalties or impose license sanctions under this subsection on the landscape contracting business to which the contract is awarded, the landscape contracting business that awards the contract, or both.

      (b) Notwithstanding subsection (1) of this section, a civil penalty imposed on a landscape contracting business for a first offense of committing an act described under ORS 671.610 (5) may not exceed $1,000.

      (c) In addition to any civil penalty assessed by the board, if a landscape contracting business has two or more prior offenses for committing acts described under ORS 671.610 (5), the board may impose license sanctions on the landscape contracting business. The license sanctions:

      (A) For a third offense may not exceed the suspension of, or refusal to reissue, a license for six months;

      (B) For a fourth offense may not exceed revocation of the license for three years; or

      (C) For a fifth or subsequent offense may provide for permanent revocation of the license. [Formerly 671.955; 2007 c.541 §40; 2009 c.11 §89; 2015 c.672 §15]

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