Or. Admin. Code § 804-003-0000 - Definitions
The definitions of terms used in ORS 671.310 to 671.459, and the rules of this chapter are:
(1) "Assumed or Fictitious Name" - A false
name taken as one's own.
(2)
"Business" - A sole proprietorship, association of persons, corporation,
limited liability company, partnership, or other entity that provides landscape
architecture services in Oregon.
(3) "Construction Detail" - Any drawing or
plan containing technical dimensions or technical information to build or
modify site features.
(4)
"Construction Specification" - Written or printed description of technical
requirements for materials, installation methods and equipment, or standards to
build or modify site features.
(5)
"Deceit" - An attempt to portray as true or valid something that is untrue or
invalid.
(6) "Delinquent" - Status
of registration for a registrant who fails to renew on or before the renewal
date where the registration is not yet deemed lapsed.
(7) "Direct Supervision" - For purposes of
chapter 804 divisions 10, 20, 22, 27 and 50, this is supervision provided by a
licensed or registered Landscape Architect to a candidate or applicant for
either examination or registration, including a Landscape
Architect-in-Training. The supervising Landscape Architect must provide
oversight, inspection, control, and direction regarding the services and work
being performed by the candidate or applicant. This means the supervisor must:
(a) Be located in close proximity to or be
readily accessible to the candidate or applicant;
(b) Be in frequent communication with the
candidate or applicant;
(c) Ensure
communications with the candidate or applicant are responsive and include
face-to-face, e-mail, telephone, internet and other similar forms of direct
communication; and
(d) Take
responsibility for the services or work done by the candidate or applicant
including but not limited to sealing and signing documents when required. The
primary goals of direct supervision are to assure that the candidate or
applicant understands and is performing services and work within the
professional standard of practice and to ensure that public health, safety, and
welfare are protected.
(8) "Emeritus" - A type of inactive
registration where the individual is retired from practice but retains an
honorary title corresponding to that held immediately before retirement.
(9) "Employing" - Hiring a person,
not an independent contractor, for compensation.
(10) "Final Draft" - For the purposes of ORS
671.379(2),
a professional document prepared by or under the supervision and responsible
charge of a Registered Landscape Architect to provide construction details,
construction specifications, or other final direction for either:
(a) obtaining permits or other approvals by
local, state, or federal agencies; or
(b) fulfilling a landscape architect's
contractual obligations not otherwise addressed under (a). For purposes of ORS
671.379(2),
"professional document" means any map, plan, design, contract document, report,
or other document issued by the Registered Landscape Architect that is provided
for the purposes described herein.
(11) "Fraud" - Intentional perversion of
truth in order to induce another to part with something of value or to
surrender a legal right.
(12)
"Grossly Negligent" - Reckless and wanton disregard for exercising care and
caution.
(13) "Impersonate" - To
assume, without authority or with fraudulent intent, the identity of another
person.
(14) "Inactive" - A
non-practice registration status that a registrant in good standing may request
by submitting a written request and statement of non-practice to the Board
before or on the registration renewal deadline.
(15) "In Good Standing" - For purposes of ORS
671.376(4)
and OAR 804-022-0025(1), 'in good standing' means that the registrant when
making the request for inactive status has a current active unrestricted
registration; is in compliance with all requirements for registration
including, but not limited to, payment of all required fees and compliance with
all continuing education requirements; and is not the subject of a pending
board investigation or action or the subject of a board order.
(16) "Lapsed" - Status of registration when
not renewed within 60 days of the annual renewal date for an individual
registration or within 30 days of the annual renewal date for a business
registration.
(17) "Late Fee" - A
fee assessed when a payment is received after the date due.
(18) "Material Misrepresentation" - An untrue
statement that is significant under the circumstances.
(19) "Registrant" - An individual or business
holding an active or inactive registration with the Board. For an individual
registrant on active status, also referred to as a Registered Landscape
Architect.
(20) "Renewal of
Registration" - To annually maintain the current status of a valid (active)
registration or to bring a delinquent certificate of registration to current,
valid (active) status.
(21)
"Responsible Charge" - Having control over or responsibility for landscape
architecture services provided directly or by others under the supervision of
the Registered Landscape Architect. Responsible charge includes but is not
limited to the Registered Landscape Architect being responsible for one or more
of the following landscape architecture services performed or provided:
(a) The manner, method, or quality controls
of practice;
(b) Ensuring minimum
acceptable standards of practice are followed;
(c) Preparing or reviewing designs,
calculations, plans, site assessments, maps or other documents with the
authority to make final decisions in regards thereto;
(d) Identifying deficiencies found in,
correcting errors contained in, or making other changes to designs,
calculations, plans, site assessments, maps or other documents;
(e) When providing supervision, being readily
accessible to the person(s) being supervised either by being located in close
proximity to the person(s) supervised or by being in frequent, immediate and
responsive contact with the person(s);
(f) Providing construction observation where
authorized or requested by the client; and
(g) Stamping and signing final work products
where required under ORS
671.310 to ORS
671.459 and OAR Chapter 804.
(22) "Seal" - For purposes of Board rules,
seal has the same meaning as stamp.
(23) "Stamp" - The professional stamp meeting
Board design standards that is used by a Registered Landscape Architect to
officially mark professional documents in accordance with ORS
671.379 and Board rules.
The stamp may be a crimp-type stamp, rubber stamp applied using wet ink, or a
computer-generated (digital) stamp.
(24) "Stamping" - The act of applying a
professional stamp to a professional document to denote a Registered Landscape
Architect's responsible charge for that work product. Sealing has the same
meaning as stamping.
(25) "Year" -
For purposes of qualifying work experience for examination or registration, a
year is calculated as one calendar year for full-time work (i.e., 40 hours per
week on average) with part-time work prorated (i.e., a year of experience takes
two calendar years to acquire at 20 hours per week on average) or the
equivalent of 2,000 total hours worked.
Notes
Statutory/Other Authority: ORS 670.310, 671.415, 671.321
Statutes/Other Implemented: ORS 671.310-459
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.