Or. Admin. R. 808-003-0018 - Supervisory Responsibilities; Employment
(1) The licensed landscape construction
professional who holds part or the complete phase basis of the landscape
contracting business license must perform the following supervisory services:
(a) Review and initial the landscape plan
and/or written contract for each job;
(b) Attend all on-site meetings and appear at
any hearings that are a consequence of any claims filed against the landscape
contracting business that relate to the landscape construction professional's
phase of license; and
(c) Directly
supervise all non-licensed employees employed by the landscape contracting
business as defined in OAR 808-002-0328. For the purpose of verification of
direct supervision of an unlicensed employee as required by ORS 671.540(1)(q)
or (r), the communication requirement of direct supervision will be considered
met if the licensed landscape construction professional communicates with the
Landscape Contractors Board investigator who requested the unlicensed employee
to contact the supervising landscape construction professional before midnight
of the same day of the request.
(2) A landscape contracting business must:
(a) Require a licensed landscape construction
professional to directly supervise the unlicensed employees of the landscape
contracting business who are performing work that corresponds to the landscape
construction professional's phase of license; and
(b) Have the landscape construction
professional who is responsible for supervision as required in subsection (a)
of this section on the payroll each hour receiving at least minimum wage or
meeting the salary test for salaried exempt employees during the time the
landscape contracting business is engaged in landscaping work that corresponds
to this landscape construction professional's phase of license except when the
landscape construction professional is not considered a subject worker under
ORS 656.027.
(c) Submit a
Verification form when a new landscape construction professional becomes part
or the complete basis of the landscape contracting business license.
(3) Upon application for a
landscape contracting business license, and at any other time the board
requests, a landscape contracting business must submit a completed, signed and
notarized Verification form (provided by the board) for every licensed
landscape construction professional for whom the landscape contracting business
has not previously submitted this Verification form and who is supervising
landscaping work for the landscape contracting business;.
(4) The Verification form verifies that the
licensed landscape construction professional:
(a) Is a paid employee of the landscape
contracting business and is on the payroll each hour receiving at least minimum
wage or meets the salary test for salaried, exempt employees or is an owner of
the business as defined in OAR 808-002-0734 during the time the business is
performing landscape work related to the landscape construction professional's
phase of license;
(b) Will
directly supervise work based on the landscape construction professional's
phase of license;
(c) Will attend
on site meetings and appear at any hearings that are a consequence of any
claims filed against the landscape contracting business that relate to the
landscape construction professional's phase of license; and
(d) Understands the requirement to notify the
board within ten calendar days after termination of employment from the
landscape contracting business as required by OAR 808-003-0125(4).
Notes
Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 671.565
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