2005 Oregon Code - Chapter 671 :: Chapter 671 - Architect - Landscape Architect - Contractor and Business
Chapter 671 — Architect; Landscape Architect, Contractor and Business
2005 EDITION
ARCHITECT; LANDSCAPE ARCHITECT & CONTRACTOR
OCCUPATIONS AND PROFESSIONS
ARCHITECTS
671.010Â Â Â Â Definitions for ORS 671.010 to 671.220
671.020Â Â Â Â Registration requirement; consulting architects; foreign architects; rules; use of title; stamp; use of name
671.025Â Â Â Â Certain plans to carry stamp; identification
671.030    Activities not considered as “practice of architecture”
671.041Â Â Â Â Practice of architecture by corporations, limited liability companies and partnerships; exceptions; annual statement of directors or members; documents to be stamped; reciprocity; rules
671.045Â Â Â Â Liability of professional corporation
671.047Â Â Â Â Application of general corporation law to professional corporations
671.050Â Â Â Â Application for certificate of registration; qualifications
671.060Â Â Â Â Examination of applicants; issuing certificates; rules
671.065Â Â Â Â Certification of registration without examination
671.080Â Â Â Â Annual renewal; fee; effect of failure to renew; inactive status; rules
671.085Â Â Â Â Fees; rules
671.090Â Â Â Â Grounds for denial, suspension or revocation of certificates
671.100Â Â Â Â Disciplinary action by board
671.105Â Â Â Â Hearing required in disciplinary action; judicial review of board orders
671.120Â Â Â Â State Board of Architect Examiners; members; term; chair
671.125Â Â Â Â Rulemaking authority of board
671.220Â Â Â Â Civil penalties; injunction; effect of failure to be licensed; representation of membership in trade or professional organization
LANDSCAPE ARCHITECTS
671.310Â Â Â Â Definitions for ORS 671.310 to 671.459
671.312Â Â Â Â Purpose of ORS 671.310 to 671.459, 671.992 and 671.995
671.316Â Â Â Â Registration requirement for practice of landscape architecture; registration as landscape architect in training; rules
671.318Â Â Â Â Businesses providing landscape architecture services
671.321Â Â Â Â Activities not considered practice of landscape architecture
671.325Â Â Â Â Application for registration; fee
671.335Â Â Â Â Examination; qualifications for registration; rules
671.338Â Â Â Â Confidentiality of application, examination and investigatory information
671.345Â Â Â Â Registration without examination; fee
671.365Â Â Â Â Fees; rules
671.376Â Â Â Â Renewal; fee; late fee; failure to renew; rules; inactive status
671.379Â Â Â Â Stamps
671.393Â Â Â Â Code of professional conduct; rules; publication; effect; revision
671.395Â Â Â Â Continuing education; fee
671.404Â Â Â Â Grounds for refusal to register or renew or for suspension
671.408Â Â Â Â Disciplinary actions
671.412Â Â Â Â Public contract requirements
671.415Â Â Â Â Rulemaking authority
671.425Â Â Â Â Reissuance of revoked registration
671.442Â Â Â Â Arbitration; effect; costs
671.445Â Â Â Â Investigation of complaints
671.447Â Â Â Â Persons supplying information to board or advisory committee
671.459Â Â Â Â State Landscape Architect Board; members; chair; term
LANDSCAPE CONTRACTORS AND LANDSCAPING BUSINESSES
(Generally)
671.510Â Â Â Â Short title
671.520Â Â Â Â Definitions for ORS 671.510 to 671.710
(Licensure)
671.525Â Â Â Â Applicant for landscaping business license required to be independent contractor; classes of registration
671.530Â Â Â Â Contractor or landscaping business license required; use of title; scope of contractorÂ’s license
671.540Â Â Â Â Application of ORS 671.510 to 671.710
671.550Â Â Â Â Authority of board to investigate; confidentiality of information
671.555Â Â Â Â Investigation of person engaged in landscaping business; procedures; orders to stop work
671.557Â Â Â Â Injunctive relief
671.560Â Â Â Â Issuance of license; limited license; exemption
671.565Â Â Â Â Landscaping business license requirements; fees; employees; filing of security; insurance; basis for independent contractor status
671.568Â Â Â Â Inactive status for landscaping business license
671.570Â Â Â Â Qualifications for contractor license; fee
671.572Â Â Â Â Alternative licensing standards for person licensed as construction contractor
671.574Â Â Â Â Inactive status for landscape contractor license
671.575Â Â Â Â License required to obtain judicial or administrative remedy; exception
671.578Â Â Â Â Suit for damages for misrepresentation; attorney fees
671.580Â Â Â Â Contractor license not transferable
671.590Â Â Â Â Reciprocal contractor licensing
671.600Â Â Â Â New license required upon change of ownership; notification of change of address
671.603Â Â Â Â Persons required to give notification of change of address; communications delivered to last-known address
671.605Â Â Â Â Effect of change in partners or corporate officers
671.607Â Â Â Â Landscaping business license refusal or suspension for landscaping business debt; rules
671.610Â Â Â Â Grounds for sanctions against license; suspension or refusal of license without prior hearing; hearing; effect of revocation; civil penalty
671.613Â Â Â Â Sanction for failure to comply with certain laws
671.614Â Â Â Â Probation for landscaping business or contractor
671.615Â Â Â Â Installation of backflow assemblies; qualification rules
671.617Â Â Â Â Examination for backflow assembly installer license
671.625Â Â Â Â Minimum standards for contracts and billings; rules; compliance; effect of noncompliance
(Landscape Contractors Board)
671.630Â Â Â Â State Landscape Contractors Board; members
671.650Â Â Â Â License fees
671.655Â Â Â Â Deposit of moneys
671.660Â Â Â Â Renewal of licenses; effect of lapse; penalty fees
671.670Â Â Â Â Rulemaking authority
(Claims)
671.690Â Â Â Â Surety bond, letter of credit or other security
671.700Â Â Â Â Notice of claim against business
671.703Â Â Â Â Filing claim against business; hearing; arbitration; rules; board limitations
671.707Â Â Â Â Actions following final order of board
671.710Â Â Â Â Priority on satisfaction of claims
PENALTIES
671.990Â Â Â Â Penalties for violations of ORS 671.010 to 671.220 or 671.530
671.992Â Â Â Â Criminal penalties for violations of ORS 671.310 to 671.459
671.995Â Â Â Â Civil penalties for violations of ORS 671.310 to 671.459
671.997Â Â Â Â Civil penalties for violations of ORS 671.510 to 671.710; rules
ARCHITECTS
     671.010
Definitions for ORS 671.010 to 671.220. As used in ORS 671.010 to 671.220,
unless the context requires otherwise:
     (1) “Architect” means an individual qualified and licensed to practice architecture under ORS 671.010 to 671.220.
     (2) “Board” means the State Board of Architect Examiners.
     (3) “Building” means any structure consisting of foundations, floors, walls and roof, having footings, columns, posts, girders, beams, joists, rafters, bearing partitions, or a combination of any number of these parts, with or without other parts or appurtenances thereto.
     (4) “Consulting architect” means a person who is licensed by a jurisdiction in the United States or Canada to use the title of “Architect” and engage in the unlimited practice of architecture and who is not subject to practice restrictions as the result of disciplinary action by any architect licensing board.
     (5) “Foreign architect” means a person who is licensed by a country other than the United States or Canada to use the title of “Architect” and engage in the unlimited practice of architecture and who is not subject to practice restrictions as a result of disciplinary action by the architect licensing board issuing the license.
     (6) “Practice of architecture” means the planning, designing or supervising of the erection, enlargement or alteration of any building or of any appurtenance thereto other than exempted buildings.
     (7) “Registered professional engineer” means a person defined in ORS 672.002 and described in ORS 672.002 to 672.325.
     (8) “State Building Code” means the State of Oregon Structural Specialty Code and Fire and Life Safety Code. [Amended by 1957 c.408 §1; 1961 c.585 §1; 1977 c.803 §1; 2003 c.763 §1]
     671.020
Registration requirement; consulting architects; foreign architects; rules; use
of title; stamp; use of name. (1) In order to safeguard health, safety and
welfare and to eliminate unnecessary loss and waste in this state, a person may
not practice the profession of architecture or assume or use the title of
“Architect” or any title, sign, cards or device indicating, or tending to
indicate, that the person is practicing architecture or is an architect or
represent in any manner that the person is an architect, without first
qualifying before the State Board of Architect Examiners and obtaining a
certificate of registration as provided by ORS 671.010 to 671.220.
     (2) Notwithstanding subsection (1) of this section, a consulting architect may practice the profession of architecture if the consulting architect:
     (a) Is affiliated with a board-certified architect who is in responsible charge of all aspects of the architectural services provided; and
     (b) Uses the designation of “Consulting Architect, in consultation with,” followed by the name of the Oregon architect described in paragraph (a) of this subsection and the name of the architectural firm.
     (3) Notwithstanding subsection (1) of this section, a foreign architect may practice architecture if:
     (a) The foreign architect is affiliated with a board-certified architect who is in responsible charge of all aspects of the architectural services provided;
     (b) The foreign architect uses the designation of “Foreign Architect, in consultation with,” followed by the name of the Oregon architect described in paragraph (a) of this subsection and the name of the architectural firm; and
     (c) The board determines that the jurisdiction in which the foreign architect is licensed has adequate education and training standards. The board, by rule, may recognize agreements between a national certification organization and the foreign jurisdiction as proof of education and training standards.
     (4) A person may not practice or attempt to practice the profession of architecture, or assume the title of “Architect,” “Consulting architect” or “Foreign architect,” or use in connection with the business of the person any words, letters or figures indicating the title of “Architect,”“Consulting architect” or “Foreign architect” without first complying with ORS 671.010 to 671.220.
     (5) Every registered architect shall, upon registration, obtain a stamp of the design authorized by the board, bearing the name of the registrant and the legend “Registered Architect, State of Oregon.” All drawings and the title page of all specifications intended for use as construction documents in the practice of architecture must bear the stamp of a registered architect and be signed by the architect. The stamp and signature constitute certification that the architect has exercised the requisite professional judgment about and made the decisions upon all matters embodied within those construction documents, that the documents were prepared either by the architect or under the direct control and supervision of the architect and that the architect accepts responsibility for them.
     (6) A licensed architect shall pursue the profession under the architect’s own name only, as it appears in the architect’s license, except as provided by 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]
     671.025
Certain plans to carry stamp; identification. (1) Any person applying for a
license or permit required under the laws of this state or the ordinances of
any jurisdiction in 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 plans and specifications for the work proposed.
The plans and specifications shall bear the stamp of a registered architect, or
of a registered professional engineer, where the services of a registered
architect or of a registered professional engineer are required by the
provisions of ORS 671.010 to 671.220, and shall be drawn to scale with
sufficient clarity to indicate the nature and extent of the work proposed and
that the work proposed conforms to ORS 671.010 to 671.220, State Building Code
and to any other applicable laws and ordinances.
     (2) The plans and specifications shall bear identification which shall include, but not be limited to:
     (a) The project name and location;
     (b) The name, address and telephone number of the person responsible for the preparation of the documents;
     (c) The name, address and telephone number of the owner; and
     (d) The date the documents were issued.
     (3) Each jurisdiction which 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 registration stamp on the plans and specifications from a person allowed under the provisions of this section to prepare the plans and specifications.
     (4) The registration stamp and signature on the plans and specifications of a person registered under this section to prepare the plans and specifications shall constitute compliance with this section.
     (5) The provisions under this section shall not apply to the issuance of permits where the preparation of plans and specifications for the construction, alteration, improvement or repair of a building or structure is exempt from the provisions of this section except that the person preparing the plans and specifications for others shall be so identified. [1961 c.585 §3; 1977 c.803 §3; 1991 c.910 §1]
     671.030
Activities not considered as “practice of architecture.” (1) ORS 671.010 to
671.220 do not apply to the practice of naval or landscape architecture or of
engineering by a registered professional engineer or a person engaged in
architecture or engineering work as an employee of an architect or registered
professional engineer.
     (2) ORS 671.010 to 671.220 do not prohibit:
     (a) Draftsmen, clerks of the work, superintendents and other employees of registered architects and registered professional engineers from acting under the instructions, control or supervision of their employers. A draftsman, clerk, superintendent or other employee may not use the designation “architect,” “architectural” or “architecture” unless licensed under the provisions of ORS 671.010 to 671.220, or unless a title containing the designation is provided by rule of the State Board of Architect Examiners.
     (b) A person from making plans or specifications for, or supervising the erection, enlargement or alteration of, a building, or an appurtenance thereto, if the building:
     (A) Is to be used for a single family residential dwelling or farm building; or
     (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.
     (c) A person from making plans or specifications for, or supervising the erection, enlargement or alteration of, a building, or an appurtenance thereto, if the building 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 of the structure.
     (d) A person from planning, designing, specifying or supervising 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.
     (e) A contractor or duly appointed superintendent or foreman from directing the work of erecting, enlarging or altering a building, or an appurtenance thereto, under the supervision of a registered architect or registered professional engineer.
     (f) 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.
     (g) A construction contractor licensed under ORS chapter 701 from offering services constituting the practice of architecture if:
     (A) The services are appurtenant to construction services to be provided by the contractor;
     (B) The services constituting the practice of architecture are performed by an architect or architects registered under ORS 671.010 to 671.220; and
     (C) The offer by the construction contractor discloses in writing that the contractor is not an architect and identifies the registered architect or architects who will perform 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]
     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
Practice of architecture by corporations, limited liability companies and
partnerships; exceptions; annual statement of directors or members; documents
to be stamped; reciprocity; rules. (1) A corporation, limited liability
company or partnership may engage in the practice of architecture in this state
under a corporate or assumed business name if the directors of the corporation
representing at least a two-thirds percentage of the board of directors, the
members of the limited liability company holding at least a two-thirds
ownership interest or the partners of the partnership holding at least a
two-thirds ownership interest are registered or licensed as architects or as
engineers in any jurisdiction recognized by rule of the State Board of
Architect Examiners or the State Board of Examiners for Engineering and Land
Surveying and provided that:
     (a) The directors of the corporation representing at least a one-third percentage of the board of directors, the members of the limited liability company holding at least a one-third ownership interest or the partners of the partnership holding at least a one-third ownership interest shall be architects registered or licensed in any jurisdiction recognized by rule of the State Board of Architect Examiners and that all persons in charge of the practice of architecture in this state for the corporation, limited liability company or partnership shall be:
     (A) Members of the board of directors of the corporation, members of the limited liability company or partners of the partnership;
     (B) Regularly employed in the office of the corporation, limited liability company or partnership that directs and has supervisory control of the practice of architecture in this state; and
     (C) Registered as architects under ORS 671.010 to 671.220;
     (b) A corporate or assumed business name does not include the surname of an individual who is not presently or was not previously associated in the practice of architecture or engineering in this state or in any jurisdiction recognized by rule of the State Board of Architect Examiners or the State Board of Examiners for Engineering and Land Surveying with the named entity or its members or predecessors; and
     (c) The corporate or assumed business name identifies the corporation, limited liability company or partnership as being engaged in the practice of architecture.
     (2) The president of a corporation, the senior member of a limited liability company or the senior partner of a partnership practicing architecture under an assumed name shall file annually during the month of January with the State Board of Architect Examiners a statement containing the names of all directors of the corporation, all members of the limited liability company or all partners of the partnership. The statement shall indicate whether the directors, members or partners are registered or licensed architects or engineers and shall list the jurisdictions in which they are registered or licensed. The statement shall also indicate the ownership interest of each member of a limited liability company or of each partner of a partnership.
     (3) All professional documents issued by the corporation, limited liability company or partnership that are required by ORS 671.010 to 671.220 to bear the stamp of an architect shall bear the stamp of the architect responsible for the preparation thereof and shall also bear the corporate or assumed business name of the corporation, limited liability company or partnership.
     (4) Notwithstanding the provisions of subsection (1) of this section, a professional corporation that existed on September 29, 1991, may engage in the practice of architecture if the stockholders owning a majority of the stock of the corporation are registered as architects under ORS 671.010 to 671.220 or professional engineers under ORS 672.002 to 672.325.
     (5) As used in this section:
     (a) “Corporation” includes a domestic private corporation, foreign private corporation, domestic cooperative corporation, foreign cooperative corporation, domestic professional corporation and foreign professional corporation.
     (b) “Partnership” includes a domestic general partnership, foreign general partnership, domestic limited partnership, foreign limited partnership, domestic registered limited liability partnership and foreign registered limited liability partnership.
     (6) In adopting rules required by this section, the State Board of Architect Examiners or the State Board of Examiners for Engineering and Land Surveying shall recognize jurisdictions that enforce requirements for registration or licensing of architects or engineers that are substantially equal to the requirements for registration or licensing of architects or engineers 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]
     671.045
Liability of professional corporation. ORS 671.041 to 671.047 do not affect
the law applicable to the professional relationship and liabilities between a
person rendering professional service and a person receiving the service, and
ORS 671.041 to 671.047 do not affect the standards of professional conduct of a
profession. A shareholder, director, officer, employee or agent of a
professional corporation may be held personally liable for negligent or
wrongful acts or misconduct committed by that person, or by a person under the
direct supervision and control of that person, while rendering professional
service on behalf of the corporation to a person receiving the service the same
as though the service was being rendered by an individual. A shareholder,
director 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 or officer of the corporation. The corporation is jointly
and severally liable up to the full value of its assets for such acts or
misconduct. However, the shareholders, directors, officers, employees and
agents of the corporation are not personally liable for the debts or other
contractual obligations of the corporation. [1969 c.596 §3; 1977 c.803 §5; 1991
c.910 §4; 1997 c.249 §203]
     671.047
Application of general corporation law to professional corporations. The
Oregon Business Corporation Act is applicable to professional corporations and
they enjoy the powers and privileges and are subject to the duties,
restrictions and liabilities of corporations organized under the Oregon
Business Corporation Act, except when inconsistent with ORS 671.041 to 671.047.
ORS 671.041 to 671.047 take precedence in the event of any conflict with
provisions of the Oregon Business Corporation Act or other law. [1969 c.596 §4;
1977 c.803 §6]
     671.050
Application for certificate of registration; qualifications. (1) Any person
desiring the right to practice architecture in the State of Oregon shall make
application to the State Board of Architect Examiners 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 671.010 to
671.220, each applicant shall be at least 18 years of age.
     (2) Each applicant for a certificate of registration shall pay to the board the required fee. [Amended by 1973 c.827 §62; 1973 c.832 §21; 1974 s.s. c.36 §20; 1977 c.803 §7]
     671.060
Examination of applicants; issuing certificates; rules. (1) Examinations of
applicants for certificates of registration shall be made by the State Board of
Architect Examiners according to the method deemed by it to be the most
practicable to test the applicantsÂ’ qualifications. 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 administrative rule. The
board may adopt the examination and the recommended grading procedures of the
National Council of Architectural Registration Boards. The board shall
prescribe the minimum educational and experience requirements for applicants by
administrative rule.
     (2) A certificate of registration shall be granted to all applicants who after the examinations are, in the opinion of a majority of the board, properly qualified. A certificate shall be denied to applicants who, in the opinion of the majority of the board, are not properly qualified. [Amended by 1973 c.832 §22]
     671.065
Certification of registration without examination. (1) The State Board of
Architect Examiners may grant a certificate of registration without examination
to any person who is not registered to practice 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 practice 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 person who seeks to practice architecture in this state and meets the requirements for certification in subsection (1) of this section may offer to render architectural services without being issued a certificate of registration by the board, if the architect advises the prospective client and the board in writing and submits an application for registration in this state. The person may use the title of “Architect” while offering to render architectural services, but may not represent that the person is qualified to practice under ORS 671.010 to 671.220. [1977 c.803 §9; 2003 c.763 §4]
     671.070
[Repealed by 1977 c.803 §18 and 1977 c.842 §14]
     671.080
Annual renewal; fee; effect of failure to renew; inactive status; rules.
(1) Each registrant who desires to continue as an architect in this state shall
annually submit to the State Board of Architect Examiners, on or before the
renewal deadline established by board rule, a renewal application and the
renewal fee authorized under ORS 671.085. The registrant shall also furnish
evidence satisfactory to the board that the registrant has complied with any
continuing education requirements adopted by the board under ORS 671.125,
unless those requirements have been waived. Upon payment and, if required, the
furnishing of satisfactory evidence, the board 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 deadline established by board rule, the registrant is delinquent. The registrant may renew the certificate not later than the 30th day after the renewal date, without penalty, if the registrant pays the renewal fee and furnishes evidence satisfactory to the board that the registrant has complied with any continuing education requirements adopted by the board under ORS 671.125, unless those requirements have been waived. The registrant may renew the certificate after the 30th day after the renewal date, if the registrant pays the renewal fee plus a late fee in an amount to be prescribed by the board by rule, and furnishes evidence satisfactory to the board that the registrant has complied with any continuing education requirements adopted by the board under ORS 671.125, unless those requirements have been waived.
     (3) Any person who fails to pay the renewal fee, with any late fees, or fails to furnish evidence satisfactory to the board that the registrant has complied with any continuing education requirements adopted by the board under ORS 671.125, unless those requirements have been waived, for a period of 60 days, forfeits the right to practice architecture in this state. The person may be reinstated as an architect only upon passing examinations required by the board, by complying with any continuing education requirements adopted by the board under ORS 671.125 and by paying any required fees and penalties.
     (4) The board may grant inactive status to any registered architect who gives up the practice and while in good standing makes a request in writing to the board. The architect may resume practice by complying with any continuing education requirements adopted by the board 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]
     671.085
Fees; rules. In addition to any other fee imposed by the State Board of
Architect Examiners by rule, the board may impose fees for the following:
     (1) Registration.
     (2) Renewal.
     (3) Filing an application for Architectural Registration Examination.
     (4) Architectural Registration Examination, resident and nonresident.
     (5) Reciprocal application.
     (6) Duplicate certificate.
     (7) Corporation renewal.
     (8) Corporation 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]
     671.090
Grounds for denial, suspension or revocation of certificates. The State
Board of Architect Examiners may refuse to grant, reinstate or renew, or may
suspend or revoke, a certificate of registration to practice architecture in
this state upon proof of one or more of the following grounds:
     (1) Using fraud or deception in applying for a certificate of registration or in passing an examination as provided in ORS 671.010 to 671.220.
     (2) Falsely impersonating a practitioner or former practitioner.
     (3) Practicing under an assumed, fictitious, or a corporate name contrary to the provisions of ORS 671.010 to 671.220.
     (4) Demonstrating fraud, deceit, gross negligence, incompetency or misconduct in the practice of architecture.
     (5) Willfully evading or attempting to evade any law, ordinance, code or regulation of the state, or counties and cities of this state, governing construction of buildings.
     (6) Stamping or signing any plans, specifications or drawings that were not prepared by the architect or under the architect’s direct control and supervision.
     (7) Unbeknown to a party for whom the architect is doing work, receiving rebates, commissions, grants of moneys or favors which the architect is not entitled to or justified in receiving.
     (8) Practicing contrary to the provisions and requirements of ORS 671.010 to 671.220.
     (9) Failing to comply with any continuing education requirements adopted by the board under ORS 671.125, unless the requirements have been waived by the board.
     (10) Being convicted of any crime under circumstances that relate to the practice of architecture.
     (11) Being the subject of disciplinary action taken by another jurisdiction. [Amended by 1973 c.832 §24; 1977 c.803 §12; 1979 c.354 §2; 1999 c.802 §5; 2003 c.165 §1]
     671.100
Disciplinary action by board. (1) The State Board of Architect Examiners
may revoke, suspend or annul the certificate of registration to practice
architecture in this state of an architect, or reprimand, censure or otherwise
discipline an architect, as provided in this section.
     (2) Any person may prefer charges against a holder of a certificate of registration to practice architecture. The charges shall be in writing and sworn to by the complainant. They shall be forwarded to the board which shall act on the charges at its next regular meeting. [Amended by 1971 c.734 §105]
     671.105
Hearing required in disciplinary action; judicial review of board orders.
(1) Where the State Board of Architect Examiners proposes to refuse to issue or
renew a license, or proposes to revoke or suspend a license, or to reprimand,
censure or otherwise discipline an architect, opportunity for hearing shall be
accorded as provided in ORS chapter 183.
     (2) Judicial review of orders under subsection (1) of this section shall be as provided in ORS chapter 183. [1971 c.734 §107]
     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. The chair of the board shall be
elected by the board from among the current members. The board shall have as
members:
     (1) Five architects who are residents of Oregon and who have resided in this state for a period of not less than five years; 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]
     671.125
Rulemaking authority of board. In accordance with any applicable provisions
of 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 give consideration to national standards and practices as a means of facilitating reciprocal licensing of architects among jurisdictions recognized by the board. The board shall also consider local practices. [1977 c.803 §15; 1999 c.802 §1]
     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
Civil penalties; injunction; effect of failure to be licensed; representation
of membership in trade or professional organization. (1) Any person who
violates any provision of ORS 671.010 to 671.220 or any rule promulgated
thereunder shall be assessed a civil penalty of not more than $5,000 for each
offense. The provisions of this section are in addition to and not in lieu of
any other penalty or sanction provided by law.
     (2) If the State Board of Architect Examiners decides that any person has or is about to engage in an activity that is or will be a violation of any provision of ORS 671.020 or 671.041, the board may institute a proceeding in an appropriate circuit court to restrain the activity or proposed activity. An injunction may be issued without proof of actual damages, but does not relieve the defendant from criminal prosecution for violation of ORS 671.010 to 671.220.
     (3) No person, partnership, limited liability company or corporation practicing architecture is entitled to maintain a proceeding in any court of this state relating to services in practicing architecture unless it is alleged and proven that the person, partnership, limited liability company or corporation was licensed to practice architecture under ORS 671.010 to 671.220 at the time services were rendered.
     (4) Civil penalties under this section shall be imposed as provided in ORS 183.745.
     (5) Nothing in ORS 671.010 to 671.220 shall be construed to prevent any person from representing the person’s membership or affiliation with any bona fide professional or trade organization unless such representation is made to advance that person’s unlicensed practice or unlawful attempt to practice the profession of architecture.
     (6) Notwithstanding ORS 670.335, civil penalties recovered under this section shall be deposited into an account established by the board as provided in ORS 182.470. Moneys deposited are appropriated continuously to the board and shall be used only for the administration and enforcement of ORS 182.456 to 182.472 and 671.010 to 671.220. [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]
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 contractor or landscaping business under ORS 671.510 to 671.710 or use the title “landscape contractor”;
     (e) Perform work described under ORS 671.540;
     (f) 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;
     (g) Use the title “landscape designer” in connection with activities described under paragraph (f) of this subsection;
     (h) Make any plans, drawings or specifications for property owned by that person; or
     (i) 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]
     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 applicantÂ’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 192.420:
     (a) In addition to any exemption from disclosure provided under ORS 192.501 (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 192.690, 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 without examination; 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
Reissuance of revoked registration. 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 license 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]
     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 CONTRACTORS AND LANDSCAPING BUSINESSES
(Generally)
     671.510
Short title. ORS 671.510 to 671.710 may be cited as the Landscape
Contractors Law. [1971 c.764 §1; 1973 c.832 §25]
     671.520
Definitions for ORS 671.510 to 671.710. As used in ORS 671.510 to 671.710,
unless the context requires otherwise:
     (1) “Landscape contractor” means any person 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) Construct or repair ornamental water features, drainage systems or irrigation systems; or
     (d) Plan or install fences, decks, arbors, patios, landscape edging, driveways, walkways or retaining walls.
     (2) “Landscaping business” means a business that for compensation or with the intent to be compensated arranges for or submits a bid or otherwise offers or contracts to provide the services of a landscape contractor.
     (3) “Licensee” means a person that is licensed under ORS 671.510 to 671.710 as a landscape contractor or landscaping 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 State Landscape Contractors 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]
(Licensure)
     671.525
Applicant for landscaping business license required to be independent
contractor; classes of registration. (1) An applicant for a landscaping
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 registration:
     (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. All partnerships, corporations and limited liability companies must have a federal tax identification number.
     (3) If a licensee who qualifies for registration 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 reapply to the board for registration in the correct class.
     (4) 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]
     671.530
Contractor or landscaping business license required; use of title; scope of
contractorÂ’s license. (1) A person may not operate as a landscape
contractor in this state without a valid landscape contractorÂ’s license issued
pursuant to ORS 671.560.
     (2) A person may not represent in any manner that the person is a landscape contractor unless the person has a valid landscape contractor’s 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 gardener or landscaper or any other title using a form of the word “landscape”; and
     (b) Using any title, sign, card or device that indicates or tends to indicate that the person is a landscape contractor.
     (3) A person may not operate as a landscaping business in this state unless the person has a valid landscaping 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 business unless the person has a valid landscaping 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 or landscaping business; and
     (b) Using any title, sign, card or device that indicates or tends to indicate that the person is a landscaping 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 contractor is authorized to perform landscaping work only while in the employ of a landscaping business licensed and bonded as required by ORS 671.510 to 671.710. If the landscape contractor is the sole proprietor, the contractor must also obtain a license as a landscaping 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]
     671.540
Application of ORS 671.510 to 671.710. ORS 671.510 to 671.710 and 671.990
(2) do not apply to:
     (1) Any federal or state agency or any political subdivision performing landscaping work on public property.
     (2) Any landscape architect registered under ORS 671.310 to 671.459 and practicing as provided under ORS 671.310 to 671.459.
     (3) 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.
     (4) Installation of fences, decks, arbors, driveways, walkways or retaining walls if performed by a person or business licensed with the Construction Contractors Board.
     (5) 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.
     (6) Any owner of property who contracts for landscaping work to be performed by a person licensed under ORS 671.560. The exception provided by this subsection 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.
     (7) 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 subsection 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.
     (8) A 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 subsection does not apply to the performance of irrigation work by a general contractor. The State Landscape Contractors Board shall revise the amount specified in this subsection every five years, beginning in 2003, based on changes in the Portland-Salem, OR-WA Consumer Price Index for All Urban Consumers for All Items as published by the Bureau of Labor Statistics of the United States Department of Labor.
     (9) A 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 subsection does not apply to the performance of irrigation work by a general contractor.
     (10) 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.
     (11) Use by a person other than a landscape contractor of the title “landscape designer” when engaged in making plans or drawings described in subsection (10) of this section.
     (12) 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.
     (13) A person registered under ORS 447.010 to 447.156 when performing repair and maintenance on piping for irrigation systems.
     (14) An employee, as defined in ORS 657.015, of a general contractor licensed under ORS chapter 701 when performing work that the contractor may perform under subsection (8) or (9) of this section.
     (15) An employee of a licensed landscaping business when performing work for the business under the direct supervision of a licensed landscape contractor.
     (16) An employee of a worker leasing company or temporary service provider, both as defined in ORS 656.850, when performing work for a licensed landscaping business under the direct supervision of a licensed landscape contractor. [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]
     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 671.710.
     (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 negligent or improper work under ORS 671.703, 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]
     671.555
Investigation of person engaged in landscaping business; procedures; orders to
stop work. (1) The State Landscape Contractors Board may investigate the
activities of any person engaged in the landscaping business to determine
compliance with ORS 671.510 to 671.710.
     (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 authorized by the board to determine compliance with the provisions of ORS 671.510 to 671.710 is authorized to require any person who is engaged in any activity regulated by ORS 671.510 to 671.710 to demonstrate proof of compliance with the registration requirements of ORS 671.510 to 671.710. If a person who is contracting directly with the owner of the property does not demonstrate proof of compliance with the license requirements of ORS 671.510 to 671.710, the inspector shall give notice of noncompliance to the person. The notice of noncompliance shall be in writing, shall specifically state that the person is not in compliance with the registration requirements of ORS 671.510 to 671.710 and shall provide that unless the person demonstrates proof of compliance within two days of the date of the notice, the inspector 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. If after receipt of the notice of noncompliance the person fails within the two-day period specified in the notice to demonstrate proof of compliance with the registration requirements of ORS 671.510 to 671.710, the inspector is authorized to 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 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.
     (4) Notwithstanding subsection (3) of this section, the board may order work stopped immediately if the landscape contractor working on a worksite has never registered with the board or if the contractor cannot demonstrate that the contractor has been registered at any time within the two years immediately preceding work on the worksite.
     (5) 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 671.710.
     (6) If any person fails to comply with a subpoena issued under subsection (5) 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]
     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 671.710, 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; limited license; exemption. (1) Except as provided in
ORS 671.590, the State Landscape Contractors Board shall issue a landscape
contractorÂ’s license to an applicant who satisfies the requirements of ORS
671.570.
     (2) The board shall issue a landscaping 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) The board may issue a limited or specialty license if the applicant is required to have a landscape contractor’s license or business license but is not qualified or required to be licensed for all phases of landscape contracting.
     (5) A landscaping 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]
     671.565
Landscaping business license requirements; fees; employees; filing of security;
insurance; basis for independent contractor status. (1) Each person
applying for a landscaping business license shall:
     (a) Pay to the State Landscape Contractors Board the applicable landscaping business license fee established by the board under ORS 671.650.
     (b) Employ at least one person with a landscape contractor license to supervise the landscaping operation of the business.
     (c) Submit the names of all employees who are licensed contractors.
     (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 landscaping business that is subject to ORS 671.510 to 671.710 for an amount not less than $100,000.
     (f) Indicate, as set forth in ORS 670.600, the basis under which the applicant qualifies as an independent contractor.
     (2) 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 landscaping business shall provide evidence satisfactory to the board that the public liability, personal injury and property damage insurance required by subsection (1)(e) of this section is in effect. During a license period, the landscaping business shall provide, to the extent required by the board, satisfactory evidence of continued public liability, personal injury and property damage insurance coverage. [1983 c.452 §8; 1991 c.533 §1; 2005 c.609 §12]
     671.568
Inactive status for landscaping business license. (1) If a licensed
landscaping business is not operating as a landscaping business, the State
Landscape Contractors Board may, upon request, place the license of the
landscaping business in inactive status.
     (2) A landscaping business in inactive status remains subject to board jurisdiction and is required to comply with the requirements for a landscaping business other than the security requirement under ORS 671.690 and the insurance requirements under ORS 671.565.
     (3) A landscaping business that is in inactive status may not:
     (a) Perform work as a landscaping business;
     (b) Offer or provide for the performance of landscaping work as a landscaping business; or
     (c) Obtain a building permit for work involving landscaping work by the business.
     (4) A landscaping business license may not be placed or maintained in inactive status more than once during a licensing period. [2005 c.609 §2]
     671.570
Qualifications for contractor license; fee. Each person applying for a
landscape contractorÂ’s license shall pay to the State Landscape Contractors
Board the fee required by ORS 671.650 and:
     (1) Pass an examination, which shall be offered at least once each six months by the board to determine the fitness of the applicant for licensing and have:
     (a) Within 10 years before the day the application for a license is made, at least:
     (A) Twenty-four months of employment with a landscape contractor; or
     (B) Twelve months of employment with a landscape contractor and one full year of training in an area related to landscaping at an accredited school or college; or
     (b) Proven to the satisfaction of the board by test and experience that the applicant is qualified.
     (2) Be employed by a landscaping business if performing landscaping work.
     (3) Pay a nonrefundable examination fee. [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]
     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 contractor license. (1) If a landscape
contractor is not operating as a landscape contractor, the State Landscape
Contractors Board may, upon request, place the license of the landscape
contractor in inactive status.
     (2) A landscape contractor in inactive status remains subject to board jurisdiction, licensing requirements and fees.
     (3) A landscape contractor that is in inactive status may not perform or supervise work as a landscape contractor.
     (4) A landscape contractor license may not be placed or maintained in inactive status more than once during a licensing period. [2005 c.609 §3]
     671.575
License required to obtain judicial or administrative remedy; exception.
(1) A landscaping 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 which is subject to ORS 671.510 to 671.710 and
671.997, unless the landscaping business was:
     (a) Licensed under ORS 671.510 to 671.710 and 671.997 at the time the landscaping 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 landscaping business was not aware of the requirement that the contractor be registered, 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 landscaping business.
     (3) If a landscaping 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 landscaping 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 which is subject to ORS 671.510 to 671.710 and 671.997. [1991 c.533 §7]
     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
Contractor license not transferable. A landscape contractorÂ’s license
issued pursuant to ORS 671.560 is a personal privilege and is not transferable.
[1971 c.764 §8; 1983 c.452 §9]
     671.590
Reciprocal contractor licensing. The State Landscape Contractors Board may
license without examination any person who is a landscape contractor 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
contractors 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]
     671.600
New license required upon change of ownership; notification of change of
address. A new license shall be required whenever there is a change in
ownership, irrespective of whether the business name is changed. 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]
     671.603
Persons required to give notification of change of address; communications
delivered to last-known address. (1) A landscape contractor or person
operating as a landscaping business shall notify the State Landscape
Contractors Board of a change of address for the contractor or business that
occurs while the contractor or business is licensed by the board or within one
year after a license expires. The landscape contractor or landscaping business
shall ensure that the board receives notice of the change of address no later
than the 10th 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 contractor or landscaping business is considered delivered to the contractor 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 contractor or landscaping business is considered delivered to the contractor or business when deposited in the United States mail, regular mail. [2001 c.409 §14; 2005 c.609 §13]
     671.605
Effect of change in partners or corporate officers. A licensed partnership
or corporation shall notify the State Landscape Contractors Board immediately
upon any change in partners or corporate officers. Upon a change in partners, a
licensed partnership immediately shall license again and pay to the board the
fee required by ORS 671.650 for an original license. [1983 c.452 §11]
     671.607
Landscaping business license refusal or suspension for landscaping business
debt; rules. (1) As used in this section:
     (a) “Landscaping business debt” means an amount owed under:
     (A) A final order or arbitration award issued by the State Landscape Contractors Board for a claim filed under ORS 671.703; or
     (B) A judgment or civil penalty arising from landscaping business activities in any state.
     (b) “Landscaping business license” means a license issued within the United States to engage in a landscaping 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 landscaping business license if:
     (a) The business owes a landscaping business debt or has had a landscaping business license revoked;
     (b) An owner or officer of the landscaping business owes a landscaping business debt or has had a landscaping business license revoked; or
     (c) An owner or officer of the landscaping business was an owner or officer of another business at the time the other business incurred a landscaping business debt that is owing or at the time of an event that resulted in the revocation of the other business’s landscaping 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 landscaping business debt is adhering to a board-approved plan for restitution of the amount owed. [2005 c.609 §7]
     671.610
Grounds for sanctions against license; suspension or refusal of license without
prior hearing; hearing; effect of revocation; civil penalty. (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 contractor or landscaping business that does any of the
following:
     (a) Obtains or attempts to obtain a license under ORS 671.510 to 671.710 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 671.710.
     (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) Violates a voluntary compliance agreement entered into under ORS 646.605 to 646.652.
     (j) 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.
     (k) Violates a rule or order of the board.
     (L) Refuses to comply with a subpoena issued by the board.
     (m) 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.
     (n) 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.
     (o) Engages in conduct as a landscape contractor or landscaping business that is dishonest or fraudulent or that the board finds injurious to the welfare of the public.
     (p) Fails to comply with the requirements of ORS 652.120.
     (q) Is convicted of a crime under ORS 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 contractor or landscaping 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 contractor or landscaping 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 hiring of employees while registered as exempt under ORS 671.525;
     (d) Conduct as a landscape contractor or a landscaping business that is dishonest; or
     (e) Operation of a landscaping business that does not employ at least one licensed landscape contractor.
     (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 671.710 until two years after the effective date of the revocation.
     (5) The board may suspend, revoke or refuse to reissue the license of a landscaping 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 landscaping business was working with other landscaping businesses on the same task and work site where one of the landscaping businesses is registered as an exempt independent contractor under ORS 671.525 (2)(b) and the total number of landscaping businesses working on the task exceeded:
     (a) Two sole proprietors;
     (b) One partnership;
     (c) One corporation; or
     (d) One limited liability company. [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]
     671.613
Sanction for failure to comply with certain laws. (1) The failure of a
landscaping business to comply with the provisions of this section and ORS
279C.800 to 279C.870, 656.021, 657.665, 670.600, 671.520, 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 landscaping business license, revocation of the landscaping business license,
refusal to issue or reissue a landscaping 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 landscaping 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]
     671.614
Probation for landscaping business or contractor. (1) The State Landscape
Contractors Board may issue an order placing a landscaping business, or any
landscape contractor that is employed by the landscaping business or is a
landscaping business owner or officer as defined in ORS 671.607, on probation if
three or more claims are filed against the landscaping businessÂ’s bond, letter
of credit or deposit within a 12-month period.
     (2) The board may place a landscaping business or landscape contractor 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 landscaping business or landscape contractor without board supervision will result in additional claims against the landscaping business.
     (3) The board may require as a condition of probation imposed under this section that the landscape contractor take a board-approved education course in one or more subjects relating to landscape contracting.
     (4) The board may require as a condition of probation imposed under this section that the owner or officer of the landscaping business take a board-approved education course in one or more subjects relating to landscaping business or general business practices.
     (5) The board may take action to suspend, revoke or refuse to renew the license of the landscaping business or landscape contractor if the contractor or business fails to fulfill the terms of the probation. [2005 c.609 §4]
     671.615
Installation of backflow assemblies; qualification rules. The State
Landscape Contractors Board may license a landscape contractor 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 contractor may install a backflow assembly only if
the landscape contractor is licensed under this section. A landscape contractor
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]
     671.617
Examination for backflow assembly installer license. The State Landscape
Contractors Board shall consult with the State Plumbing Board in developing any
written and practical examinations for backflow assembly installer licenses.
[1989 c.944 §4; 2005 c.609 §16]
     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 landscaping
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 landscaping businesses.
     (2) Work by a landscaping business subject to ORS 671.510 to 671.710 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 landscaping business in any court or other proceedings within this state. [1979 c.840 §13; 1983 c.452 §12]
     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
671.710, 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 contractorÂ’s license fees
and annual landscaping business license fees.
     (2) The license fee for an out-of-state landscaping business operating in Oregon must be the same as for an Oregon landscaping 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]
     671.655
Deposit of moneys. Except as the State Landscape Contractors Board may
otherwise provide under ORS 182.462 (5), 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]
     671.660
Renewal of licenses; effect of lapse; penalty fees. (1) The fee for renewal
of a license issued under ORS 671.510 to 671.710 shall be paid annually on or
before the last day of the month of the anniversary of issuance.
     (2) A person who has been previously licensed under ORS 671.510 to 671.710 and whose license has expired shall not be issued another license except upon written application to the State Landscape Contractors Board with 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 individual or business must reapply as for initial issuance of the license.
     (4) When a business renews its license the business must submit the names of all employees who are licensed landscape contractors.
     (5) When a person renews a landscape contractor’s license, the person must submit the name of the employer if the person is currently performing landscaping work. [1971 c.764 §18; 1973 c.832 §35; 1977 c.873 §5; 1983 c.452 §14; 2001 c.409 §8]
     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
671.710 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]
     671.680
[1971 c.764 §21; repealed by 1975 c.757 §8]
(Claims)
     671.690
Surety bond, letter of credit or other security. (1) An applicant for a
license as a landscaping 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 in paragraph (b), (c) or (d) 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) of this subsection by work on other jobs performed by the applicant.
     (c) $10,000 for an applicant who charges more than $10,000, but less than $25,000, for a landscape job.
     (d) $15,000 for an applicant who charges $25,000 or more for a landscape job.
     (2) The bond or letter of credit required under subsection (1) of this section 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 business;
     (c) All amounts that may be adjudged against the business by reason of negligent or improper work or breach of contract in performing any work subject to ORS 671.510 to 671.710; and
     (d) All amounts from the bond, letter of credit or deposit the board orders paid under ORS 671.703.
     (3) In lieu of the surety bond or letter of credit required under subsection (1) of this section, the landscaping business 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.
     (4) The bond, letter of credit or deposit required by this section 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 of the board 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 landscaping business.
     (5) 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.
     (6) The landscaping business is responsible for all work that is subject to ORS 671.510 to 671.710. [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]
     671.700
Notice of claim against business. A person having a claim against a landscaping
business shall give the State Landscape Contractors Board notice of the claim
in writing 90 days before any action on the bond or deposit is commenced. [1973
c.832 §29c; 1983 c.452 §16; 1987 c.461 §3]
     671.703
Filing claim against business; hearing; arbitration; rules; board limitations.
(1) If a person has a claim against a licensed landscaping business for
negligent or improper work performed by the landscaping business, or for
alleged breach of contract by the landscaping business, the person may file the
claim with the State Landscape Contractors Board.
     (2) Upon receipt of a claim that qualifies under subsection (1) of this section, the 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 landscaping business to pay the claim. A party to the claim may request a hearing on the order issued by the board.
     (3) Subject to subsection (6) of this section, if the resolution of a claim under this section requires a hearing, the board may require that the hearing be conducted as a binding arbitration under rules adopted by the board under subsection (5) of this section.
     (4) The board may use arbitration to resolve a landscaping dispute between any parties who agree to follow the rules of the board, including parties to a dispute not described under subsection (1) of this section.
     (5) Except as provided in this subsection, rules adopted by the board to regulate arbitration under subsections (3) and (4) 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 671.710;
     (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 36.710; and
     (e) Include any other provision necessary to conform the arbitration to ORS 671.510 to 671.710.
     (6) A party to a claim that is subject to a board order of binding arbitration under subsection (3) 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 landscaping 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.
     (7) An arbitration conducted under subsection (3) or (4) 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.
     (8) If a party to a claim under subsection (1) of this section requests a contested case hearing, the board shall schedule the hearing. If a party requests that the claim be resolved by a court, the board shall suspend further processing of the claim until the claim is resolved by an appropriate court.
     (9) If the 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 filed under subsection (1) of this section as established by rule of the board if the claimant fails to submit status reports on a pending action.
     (10) The board shall issue a final order or arbitration award in a form that indicates the maximum amount payable from the deposit, bond or letter of credit. If the landscaping business does not pay the claim on or before the 30th day after receiving the board order or award, the board shall order the claim paid out of the deposit, bond or letter of credit filed under ORS 671.690.
     (11) 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 inspection 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.
     (12) 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]
     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 registrant, the board shall
notify the surety on the registrantÂ’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 registrant 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]
     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 landscaping 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 the 90-day period against a landscaping business by owners of property upon which landscaping work was performed, or was contracted to perform, have payment priority to the full extent of the bond, letter of credit or deposit over all other claims filed within that 90-day period.
     (3) If the total of all claims against a landscaping business by owners of property under subsection (2) of this section does not exhaust the bond, letter of credit or deposit, amounts due as a result of all other claims filed within that 90-day period may be satisfied from the remainder of the bond, letter of credit or deposit.
     (4) If the total of all claims against a landscaping business within a 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 bond, letter of credit or deposit may not be used to satisfy claims filed more than one year following the date the work was completed. [1973 c.832 §29d; 1979 c.840 §11; 1983 c.452 §19; 1999 c.34 §1; 2005 c.609 §19]
     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]
PENALTIES
     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]
     671.990
Penalties for violations of ORS 671.010 to 671.220 or 671.530. (1)
Violation of any of the provisions of ORS 671.010 to 671.220 is subject to the
provisions of ORS 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]
     671.992
Criminal penalties for violations of ORS 671.310 to 671.459. A person who
violates any provision of ORS 671.310 to 671.459, or any rule of the State
Landscape Architect Board adopted thereunder, is guilty of a misdemeanor.
Subject to ORS 161.655, a court may impose on the person a fine of not less
than $250 or more than $5,000, a term of imprisonment of not more than six
months, or both. [2001 c.950 §8; 2003 c.14 §426]
     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 671.710; rules. (1) Except
as provided in subsection (4) of this section, a person who violates any
provision of ORS 671.510 to 671.710 or a rule adopted pursuant to subsection
(5) of this section or ORS 670.310, 670.605 or 671.670 shall forfeit and pay to
the State Landscape Contractors Board a civil penalty in an amount determined
by the board of not more than $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) If a landscaping business commits an act described under ORS 671.610 (5), the board shall impose penalties and sanctions on both the landscaping business to which the contract is awarded and the landscaping business that awards the contract as follows:
     (a) A civil penalty of not less than $500 nor more than $1,000 for a first offense;
     (b) A civil penalty of not less than $1,000 nor more than $2,000 for a second offense;
     (c) Suspension of license or refusal to reissue license for six months for a third offense;
     (d) Revocation of license for three years for a fourth offense; and
     (e) Permanent revocation of the landscaping business’s license for a fifth offense.
     (5) The board shall provide by rule a process and criteria that must be met for restoration of a license that has been revoked. [Formerly 671.955]
_______________
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