Or. Admin. R. 808-003-0015 - Application for Landscape Contracting Business and Landscape Construction Professional License; Age Minimum
(1) Application for a landscape contracting
business license shall be on forms provided by the agency. Information provided
on the form must include, but not be limited to:
(a) Name of business entity, all additional
assumed business names under which the landscaping work is conducted and
Corporation Division registry numbers (if applicable). The business entity name
and all assumed business names listed must be the same as what appears on
record with the Corporation Division, if applicable;
(b) Mailing and physical address of the
business entity;
(c) Name of all
owners and percent of ownership of each owner;
(d) Name and license number of all licensed
landscape construction professionals employed by the business as required under
ORS
671.565
along with a signed and notarized verification of employment form provided by
the agency. A business may meet the requirements of ORS
671.565,
not withstanding the conditions of 657.044, if the licensed landscape
construction professional is a sole proprietor, a member of an LLC, a general
partner in a partnership, or a stockholder of a Sub Chapter S-Corp and is
actively involved in the landscape contracting business' operations and is
receiving remuneration, whether by salary or other payment, for services
provided;
(e) Name and address of
owner or managing employee;
(f)
Independent contractor certification statement;
(g) A signed statement by the owner of the
business, on which the landscape contracting business estimates the total
maximum job charges for a single landscape job during the term of the license
for the purpose of determining the correct bonding amount for that specific
term of the license;
(h) Social
security number of the owner of a sole proprietorship or partners in a general
partnership (where the partners are human beings). Effective January 1, 2020,
in lieu of a social security number, a federal individual taxpayer
identification number or other federally-issued identification
number;
(i) Complete questions to
Licensing and Litigation History and Criminal Background sections;
(j) State Tax Identification number, if
applicable;
(k) Federal Employer ID
Number (EIN), if applicable;
(l)
Workers Compensation Information, if nonexempt; and
(m) Signature of owner, partner, joint
venturer, corporate officer, member or trustee, signifying that the information
provided in the application is true and correct.
(2) Application for a landscape contracting
business license must be accompanied by:
(a) A
non-refundable application fee;
(b)
A required license fee;
(c) A
properly executed surety bond, irrevocable letter of credit or deposit as
required under ORS
671.690;
(d) A Certificate of Liability Insurance as
required under ORS
671.565
for an amount not less than $100,000 if the application is received prior to
January 1, 2106 and not less than $500,000 if the application is received after
January 1, 2016 listing the Landscape Contractors Board as the certificate
holder;
(e) A Certificate of
Completion of Owner/Managing Employee course from an approved course provider
and proof of passing the Laws, Rules & Business Practice examination if the
managing owner or managing employee does not hold an active landscape
construction professional license;
(f) Documentation of any unpaid court
judgment, arbitration award or administrative agency final order entered or
issued in any state that requires the applicant to pay damages arising out of
the performance of, or a contract for, landscaping work issued on or after
January 1, 2008, along with the status of any appeal or exceptions. For
purposes of this rule and ORS
671.563,
"applicant" has the same meaning as owner as defined in OAR
808-002-0734.
(g) Copies of the
original and amended articles of incorporation for corporations, organizational
filings for limited liability companies, and partnership agreements for
partnerships;
(h) A completed,
signed and notarized Verification form (provided by the board) for every
licensed landscape construction professional who is supervising work for the
landscape contracting business as required in OAR 808-003-0018; and
(i) Certificate of Insurance verifying
workers' compensation insurance coverage for all employees, if the applicant
qualifies as nonexempt.
(3) Application for a landscape construction
professional license shall be on forms provided by the agency and shall be
accompanied by:
(a) A non-refundable
application fee;
(b) Verification
of experience and/or transcripts or copies of completion certificates from
courses of study;
(c) If
applicable, name of employing licensed landscape contracting business or
businesses;
(d) Documentation of
any unpaid court judgment, arbitration award or administrative agency final
order entered or issued in any state that requires the applicant to pay damages
arising out of the performance of, or a contract for, landscaping work issued
on or after January 1, 2008, along with the status of any appeal or exceptions.
For purposes of this rule and ORS
671.563,
"applicant" means the person applying for the individual landscape construction
professional license;
(e) Complete
questions to Licensing and Litigation History and Criminal Background
sections;
(f) Social security
number of the applicant. Effective January 1, 2020, in lieu of a social
security number, a federal individual taxpayer identification number or other
federally-issued identification number;
(g) Mailing and physical address of the
applicant; and
(h) Signature of
applicant.
(4)
Application for a probationary landscape construction professional license
shall be on forms provided by the agency and shall be accompanied by:
(a) A non-refundable application
fee,
(b) If applicable the name of
the employing licensed landscape contracting business or businesses.
(c) Documentation of any unpaid court
judgment, arbitration award or administrative agency final order entered or
issued in any state that requires the applicant to pay damages arising out of
the performance of, or a contract for, landscaping work issued on or after
January 1, 2008, along with the status of any appeal or exceptions. For
purposes of this rule and ORS
671.563,
"applicant" means the person applying for the individual probationary landscape
construction professional license;
(d) Complete questions to Licensing and
Litigation History and Criminal Background sections;
(e) Social security number of the applicant.
Effective January 1, 2020, in lieu of a social security number, a federal
individual taxpayer identification number or other federally-issued
identification number;
(f) Mailing
and physical address of the applicant; and
(g) Signature of applicant.
(5) If an applicant as defined in
subsections (1), (3) and (4) of this rule has any unpaid damages as stated in
subsections (1), (3) and (4) of this rule and there are no appeals or
exceptions filed, the applicant must show current payments are being made. If
payments are not being made, the Landscape Contractors Board may refuse to
issue the license.
(6) Pursuant to
ORS
109.510 an
applicant for a landscape construction professional or a landscape contracting
business license as defined in subsections (1), (3) and (4) of this rule must
be at least 18 years of age except as provided in ORS
419B.552(1).
Notes
Statutory/Other Authority: ORS 183.671 & 671.320
Statutes/Other Implemented: ORS 671.560, 671.563, 671.565, 671.570 & 671.571
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