The following rule sections apply to all applications except
for those filed by a person holding an endorsement as a residential or
commercial general contractor licensed under ORS chapter 701 seeking a
landscape construction professional or landscape contracting business license
that is a modified phase of license pursuant to OAR 808-003-0500. As of
September 30, 2019, SB 935 (Chapter 682, 2019 legislative session), which
amended ORS 671.560(4)(b),
issuance, or reissuance, of such licenses is prohibited.
(1) Application for renewal of a landscape
contracting business license shall comply with ORS
671.660 and be:
(a) Accompanied by:
(A) Required renewal fee; and
(B) 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
671.560 and
671.563, "applicant" has the
same meaning as owner as defined in OAR
808-002-0734.
(b) On forms provided by the agency and the
licensee shall update the following items:
(A) Mailing address;
(B) Assumed business name;
(C) Entity type;
(D) Employer status as required by ORS
671.525 and OAR
808-003-0090;
(E) Listing of
owners/officers and percentage of ownership of each owner;
(F) List of landscape construction
professional(s), with accompanying license numbers employed by the
business;
(G) Bond amount as
required by ORS
671.690 and OAR
808-003-0613;
(H) Insurance
expiration date as required by OAR
808-003-0095; and
(I) Name of the owner/managing employee, if
applicable as required by ORS
671.595
(2) Application for renewal of a
landscape construction professional license shall comply with ORS
671.660 and be:
(a) Accompanied by:
(A) Required renewal fee; and
(B) 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
671.560 and
671.563, "applicant" has the
same meaning as owner as defined in OAR
808-002-0734.
(b) On forms provided by the agency and the
licensee shall update the following items:
(A) Mailing address;
(B) Name of landscape contracting
business(es) individual is employed by, if applicable;
(C) Listing of continuing education courses
completed, if applicable; and
(D)
Signature of applicant.
(3) If a landscape construction professional
is on active military duty, that servicemember may place a license on "inactive
military" status, and may renew the license to "inactive military" status
without paying the renewal fee. The sevicemember must submit a request in
writing for "inactive military" status and submit written documentation that
substantiates the licensee's call to active duty. Only active duty and
honorably discharged military personnel are exempt from LCB license renewal
fees; but civilian and dishonorably discharged military personnel are not
exempt.
(4) To convert an inactive
military status license to active or inactive status upon an honorable
discharge, the servicemember must submit a written request within 60 days from
the date of discharge. If the holder of an inactive military status license
does not make a timely application for reinstatement, the license will expire
upon its expiration date and the holder must meet all reinstatement
requirements in effect at the time of the reinstatement.
(5) If an applicant as defined in subsections
(1) and (2) of this rule has any unpaid damages as stated in subsections (1)
and (2) 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 renew the
license.
(6) If an applicant
satisfies all requirements for license renewal before the expiration date:
(a) The license is renewed;
(b) The effective date of the license is the
expiration date; and
(c) The
license is valid until the last day of the anniversary month of the initial
issues of the license.
(7) If an applicant satisfies all
requirements for license renewal within two years after the expiration date:
(a) The license will be renewed;
(b) The effective date of the license is the
date the agency updates the record; and
(c) The license is valid until the last day
of the anniversary month of initial issuance of the license
(8) If an applicant satisfies all
requirements for renewal more than two years after the expiration date, the
license cannot be renewed or reissued. The applicant must apply for a new
license under OAR
808-003-0015.
Notes
Or. Admin. R.
808-003-0230
LCB 6-2005, f. 12-30-05,
cert. ef. 1-1-06; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08; LCB 6-2010, f.
8-12-10, cert. ef. 8-13-10; LCB 4-2012, f. 5-30-12, cert. ef. 6-1-12;
LCB
9-2015, f. 12-22-15, cert. ef.
1/1/2016;
LCB
5-2016, f. & cert. ef.
5/23/2016; LCB 4-2019, temporary amend filed
08/30/2019, effective 09/30/2019 through 03/27/2020;
LCB
8-2019, amend filed 12/23/2019, effective
1/1/2020
Statutory/Other Authority: ORS
670.310 & ORS671.670
Statutes/Other Implemented: ORS
671.574, ORS
671.568 & ORS
671.560