Or. Admin. R. 808-005-0020 - Schedule of Civil Penalties and Suspensions

The agency assesses civil penalties for violations of ORS 671.510 to 671.760 and OAR chapter 808, some of which may be settled per the terms of a Stipulated Order. These penalties include, but are not limited to:

(1) Operating without a license. Operating in violation of ORS 671.530(1) or (3):
(a) For a first offense:
(A) If the value of the work is $500 or less; $600; and
(B) If the value of the work is more than $500; $1,2000
(b) For subsequent offenses occurring after action taken on first offense, $2,000; or
(c) When a claim or complaint has been filed for damages arising out of that work, $2,000.
(2) Advertising without a license. Advertising in violation of ORS 671.530(2), (4), or (5):
(a) $600 for the first offense; and
(b) $1,2000 for subsequent offenses occurring after action taken on first offense.
(3) Contract Requirements:
(a) Performing landscaping work without a written contract in violation of ORS 671.625(2):
(A) $1,2000 for the first offense; and
(B) $2,000 for subsequent offenses occurring after action taken on first offense.
(b) Failing to comply with minimum contract standards as required in ORS 671.625(1) and OAR 808-002-0020:
(A) $600 for the first offense; and
(B) $1,2000 for subsequent offenses occurring after action taken on first offense.
(4) Advertising Requirements.
(a) Failure to include the license number in all written advertising in violation of OAR 808-003-0010; or
(b) Advertising for landscaping work outside the scope of the landscape contracting business license in violation of OAR 808-003-0040:
(A) $600 for the first offense; and
(B) $1,2000 for subsequent offenses occurring after action taken on first offense.
(5) Insurance and Workers Compensation Requirements. Failure to maintain the insurance or workers compensation insurance coverage required by ORS 671.565, OAR 808-003-0095, or 808-003-0620 in effect continuously throughout the license period:
(a) $600 for the first offense; and
(b) $1,2000 for subsequent offenses occurring after action taken on first offense.
(6) Hiring employees while licensed as an exempt landscape contracting business in violation of ORS 671.525(4):
(a) $600 for the first offense if the licensee obtained workers' compensation coverage prior to the employee hire date;
(b) $1,2000 for the first offense and suspension of the license until the licensee provides the agency with proof of conformance with the statutes and rules if the licensee did not obtain workers' compensation coverage prior to the employee hire date;
(c) $1,2000 for subsequent offenses occurring after action taken on first offense if the licensee obtained workers' compensation coverage prior to the employee hire date; and
(d) $2,000 for subsequent offenses occurring after action taken on first offense and suspension of the license until the licensee provides the agency with proof of conformance with the statutes and rules if the licensee did not obtain workers' compensation coverage prior to the employee hire date.
(7) Failure to verify workers' compensation coverage for temporary or leased workers as required in ORS 671.527, 671.562, and OAR 808-003-0620:
(a) $600 for the first offense and suspension of the license until the licensee provides the agency with proof of conformance with the statutes and rules; and
(b) $1,2000 for subsequent offenses occurring after action taken on first offense and suspension of the license until the licensee provides the agency with proof of conformance with the statutes and rules. For purposes of subsection 17(a) only, if the documentation of verification of workers' compensation coverage is received by the agency on or before the 21st day after the date of the contested case notice and the verification shows coverage of all employees from the employees' hire date, the contested case will be withdrawn without prejudice.
(8) Bond Requirements.
(a) Failure of a landscape contracting business to obtain the correct amount of surety bond or irrevocable letter of credit, as required by ORS 671.690(1):
(A) $1,2000 for the first offense and immediate suspension per ORS 671.610(2) until the proper bond is received in the State Landscape Contractors Board office;
(B) $2,000 for the second offense occurring after action taken on the first offense and immediate suspension per ORS 671.610(2) until the proper bond is received in the State Landscape Contractors Board office.
(b) Failure to maintain the bond or other board accepted surety as required by ORS 671.690 and OAR 808-0-03-0610 through 808-003-0617 in effect continuously throughout the license period:
(A) $600 for the first offense; and
(B) $1,2000 for subsequent offenses occurring after action taken on first offense.
(9) Failure of a landscape contracting business to:
(a) notify the board of a change in address in writing or on line at the LCB website as required by ORS 671.603:
(A) $250 for the first offense; and
(B) $600 for subsequent offenses occurring after action taken on first offense.
(b) Require the landscape construction professional to directly supervise unlicensed employees of the landscaping business performing landscaping work that is related to the landscape construction professional phase of license:
(A) $1,200 for the first offense; and
(B) $2,000 for subsequent offenses occurring after action taken on first offense.
(C) $2,000 and six month suspension of the license for the third offense.
(c) Notify the board of a change in the landscaping business' phase of license as required by OAR 808-003-0125:
(A) $250 for the first offense; and
(B) $600 for subsequent offenses occurring after action taken on first offense.
(d) Notify the LCB of a new business name (including any new assumed business name) or, in the case of a sole proprietor, any personal surname under which the business is conducted, in violation of OAR 808-003-0020:
(A) $250 for first offense; and
(B) $600 for subsequent offenses occurring after action taken on first offense.
(10) Failure by the landscape construction professional to:
(a) Notify the Landscape Contractors Board of a change of address or employment in writing or on line at the LCB website as required by ORS 671.603 and OAR 808-003-0125:
(A) $250 for the first offense; and
(B) $600 for subsequent offenses occurring after action taken on first offense.
(b) Comply with the supervisory responsibilities as required by OAR 808-003-0018;
(A) $1,2000 for the first offense;
(B) $2,000 for the second offense occurring after action taken on first offense; and
(C) $2,000 and six month suspension of the license for the third offense.
(11) Continuing Education Requirements. Failure of a landscape construction professional to:
(a) Respond to the continuing education audit as required under OAR 808-040-0060(3):
(A) For the first offense: Suspension of the license until the CEH documentation is received by the agency. For purposes of subsection 26(a) only, if the CEH documentation as required by OAR 808-040-0060(3) is received by the agency on or before the 21st day after the date of the contested case notice, the contested case will be withdrawn without prejudice.
(B) For subsequent offenses occurring after action taken on the first offense: Suspension of the license until the CEH documentation is received by the agency.
(b) Submit complete documentation as required under OAR 808-040-0060(3), (4), (5) or (6):
(A) For the first offense: Suspension of the license until the CEH documentation is received by the agency. For purposes of subsection 27(a) only, if the CEH documentation as required by OAR 808-040-0060(3), (4), (5) or (6) is received by the agency on or before the 21st day after the date of the contested case notice, the contested case will be withdrawn without prejudice.
(B) For subsequent offenses occurring after action taken on the first offense: Suspension of the license until the CEH documentation is received by the agency.
(c) Complete the continuing education hours by the deadline as required under OAR 808-040-0020(1):
(A) $250 for the first offense; and
(B) $600 for subsequent offenses occurring after action taken on the first offense.
(12) Performing work outside the scope of the landscape contracting business license in violation of OAR 808-003-0040:
(a) $1,2000 for the first offense; and
(b) $2,000 for subsequent offenses occurring after action taken on first offense.
(13) Operating as a landscaping contracting business without having at least one owner or employee who is a licensed landscape construction professional licensed within the phase of work performed, in violation of OAR 808-003-0040 and 808-003-0045:
(a) $1,2000 for the first offense; and
(b) $2,000 for subsequent offenses occurring after action taken on first offense.
(14) Installation of an irrigation backflow assembly or tapping into the potable water supply in violation of a written agreement with the Board as provided in OAR 808-003-0040, $1,000 and suspension of the license until Backflow Prevention license is obtained.
(15) Failure to conform to information provided on the application in violation of ORS 671.510 to 671.710:
(a) $1,2000 for the first offense and suspension of the license until the licensee provides the agency with proof of compliance with the statutes and rules; and
(b) $2,000 for subsequent offenses occurring after action taken on first offense and suspension of the license until the licensee provides the agency with proof of compliance with the statutes and rules.
(16) Failure to comply with any part of ORS Chapters 316, 656, 657, and 671, as authorized by ORS 671.510 to 671.710 or rules promulgated by the agency:
(a) $$1,2000 for the first offense and suspension of the license until the licensee provides the agency with proof of conformance with the statutes and rules; and
(b) $2,000 for subsequent offenses occurring after action taken on first offense and suspension of the license until the licensee provides the agency with proof of conformance with the statutes and rules.
(17) Conduct that is dishonest or fraudulent or that the board finds injurious to the welfare of the public as a landscape construction professional or landscape contracting business as stated in ORS 671.610(1)(q) and defined in OAR 808-002-0330:
(a) $1,2000 for the first offense and suspension of the license; and
(b) $2,000 for subsequent offenses occurring after action taken on first offense and suspension of the license. The agency may also revoke the license.
(18) Pursuant to ORS 671.610(1)(e) makes misleading statements when advertising services or materials:
(a) $250; and
(b) Suspension of the license until the advertisement is amended, removed or the licensee no longer uses the misleading advertisement. If advertisement cannot be amended or removed, it is to be corrected upon the next printing, i.e. yellow page ads.
(c) For subsequent offenses occurring after action taken on the first offense:
(A) $600; and
(B) Suspension of the license until the advertisement is amended, removed or the licensee no longer uses the misleading advertisement. If advertisement cannot be amended or removed, it is to be corrected upon the next printing, i.e. yellow page ads.
(19) Violating an order to stop work in violation of ORS 671.555(5), $1,000 per day.
(20) Failure to obtain a permit to tap into a potable water supply prior to the installation of an irrigation backflow assembly or failure to comply with applicable plumbing code requirements as required by OAR 808-003-0126(3)(a):
(a) $600 for the first offense; and
(b) $1,2000 for subsequent offenses occurring after action taken on first offense.
(21) Failure to obtain the appropriate building code permit(s):
(a) $600 for the first offense; and
(b) $1,2000 for subsequent offenses occurring after action taken on first offense.
(22) When as set forth in ORS 671.610(5), the number of licensed landscape contracting businesses working together on the same task on the same job site, where one of the businesses is licensed exempt under ORS 671.525(2)(b), exceeded two sole proprietors, one partnership, one corporation, or one limited liability company, penalties shall be imposed on each of the persons to whom the contract is awarded and each of the persons who award the contract, as follows:
(a) $1,2000 for the first offense;
(b) $2,000 for the second offense;
(c) Six months suspension of the license for the third offense; and
(d) Three-year revocation of license for a fourth offense.
(23) Defective Work: Effective October 1, 2018, if the defective work as defined in OAR 808-002-0320 was performed on or after December 1, 2017,
(a) $1,2000; or
(b) $1,2000 and suspension or revocation of the landscape construction professional license, the landscape contracting business license or both licenses pursuant to OAR 808-003-0126(5).; or
(c) Suspension or revocation of the landscape construction professional license, the landscape contracting business license or both licenses pursuant to OAR 808-003-0126(5).

Notes

Or. Admin. R. 808-005-0020
LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; LCB 2-1990, f. 7-27-90, cert. ef. 8-1-90; LCB 2-1991(Temp), f. 9-27-91, cert. ef. 9-29-91; LCB 1-1992, f. 1-27-92, cert. ef. 2-1-92; LCB 2-1992, f. 7-14-92, cert. ef. 7-15-92; LSCB 2-1994, f. 11-8-94, cert. ef. 11-15-94; LSCB 2-1995, f. 8-8-95, cert. ef. 8-15-95; LSCB 2-1997, f. & cert. ef. 11-3-97; LCB 4-2002, f. & cert. ef. 12-4-02; LCB 4-2003, f. 5-27-03, cert. ef. 6-1-03; LCB 1-2004, f. 1-27-04, cert. ef. 2-1-04; LCB 2-2005, f. & cert. ef. 4-5-05; LCB 6-2005, f. 12-30-05, cert. ef. 1-1-06; LCCB 3-2007, f. & cert. ef. 8-1-07; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08; LCB 7-2007, f. 12-24-07, cert. ef. 1-1-08; LCB 3-2008, f. & cert. ef. 4-11-08; LCB 10-2008, f. & cert. ef. 11-6-08; LCB 1-2010, f. & cert. ef. 1-27-10; LCB 3-2010, f. & cert. ef. 6-1-10; LCB 7-2010, f. & cert. ef. 10-25-10; LCB 10-2011, f. 7-26-11, cert. ef. 8-1-11; LCB 13-2011, f. 12-29-11, cert. ef. 1-1-12; LCB 10-2012, f. & cert. ef. 12-4-12; LCB 3-2017, f. 6-7-17, cert. ef. 7-1-17; LCB 7-2018, amend filed 09/27/2018, effective 10/01/2018; LCB 7-2019, amend filed 12/17/2019, effective 01/01/2020; LCB 7-2019, amend filed 12/17/2019, effective 1/1/2020

Statutory/Other Authority: ORS 670.310, ORS 183.310 - 183.500 & 671.670

Statutes/Other Implemented: ORS 671.997

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