671671.760 Business income tax. (1) As used in this section, “business license tax” has the meaning given that term in ORS 671.755. (2) A city that imposes a business license tax

Chapter 6712009 EDITION

Architect; Landscape Professions and Business

ARCHITECTS671.010 Definitions for ORS 671.010 to 671.220671.020 Registration requirement; consulting ar-

chitects; foreign architects; rules; use oftitle; stamp; use of name

671.025 Certain plans to carry stamp; identifica-tion

671.030 Activities not considered as “practice ofarchitecture”

671.041 Practice of architecture by corporations,limited liability companies and partner-ships; exceptions; annual statement of di-rectors or members; documents to bestamped; reciprocity; rules

671.045 Liability of professional corporation671.047 Application of general corporation law to

professional corporations671.050 Application for certificate of registration;

qualifications671.060 Examination of applicants; issuing certif-

icates; rules671.065 Certification based on recognition by na-

tional council or other jurisdictions671.080 Annual renewal; fee; effect of failure to

renew; inactive status; rules671.085 Fees; rules671.090 Grounds for denial, suspension or revoca-

tion of certificates671.100 Disciplinary action by board671.105 Hearing required in disciplinary action;

judicial review of board orders671.120 State Board of Architect Examiners;

members; term; chair671.125 Rulemaking authority of board671.220 Civil penalties; injunction; effect of failure

to be licensed; representation of member-ship in trade or professional organization

LANDSCAPE ARCHITECTS671.310 Definitions for ORS 671.310 to 671.459671.312 Purpose of ORS 671.310 to 671.459, 671.992

and 671.995671.316 Registration requirement for practice of

landscape architecture; registration aslandscape architect in training; rules

671.318 Businesses providing landscape architec-ture services

671.321 Activities not considered practice of land-scape architecture

671.325 Application for registration; fee671.335 Examination; qualifications for registra-

tion; rules671.338 Confidentiality of application, examina-

tion and investigatory information671.345 Registration based on recognition by

other jurisdictions; fee671.365 Fees; rules671.376 Renewal; fee; late fee; failure to renew;

rules; inactive status

671.379 Stamps671.393 Code of professional conduct; rules; publi-

cation; effect; revision671.395 Continuing education; fee671.404 Grounds for refusal to register or renew

or for suspension671.408 Disciplinary actions671.412 Public contract requirements671.415 Rulemaking authority671.425 Issuance of registration after revocation671.442 Arbitration; effect; costs671.445 Investigation of complaints671.447 Persons supplying information to board

or advisory committee671.459 State Landscape Architect Board; mem-

bers; chair; term

LANDSCAPE CONSTRUCTIONPROFESSIONALS

AND LANDSCAPE CONTRACTINGBUSINESSES

(Generally)671.510 Short title671.520 Definitions for ORS 671.510 to 671.760

(Licensure)671.525 Applicant for landscape contracting busi-

ness license required to be independentcontractor; classes of licensees

671.530 Licensing requirements; use of title; scopeof landscape construction professional li-cense

671.540 Application of ORS 671.510 to 671.760671.550 Authority of board to investigate; confi-

dentiality of information671.555 Investigation of person engaged in land-

scape contracting business; procedures;orders to stop work

671.557 Injunctive relief671.560 Issuance of license; application form; lim-

ited or specialty license; rules; exemption671.563 Applicant notice of unpaid judgments,

awards and orders; rules671.565 Landscape contracting business license

requirements; fees; employees; filing ofsecurity; insurance; basis for independentcontractor status

671.568 Inactive status for landscape contractingbusiness license

671.570 Qualifications for landscape constructionprofessional license; fee; rules

671.571 Probationary license671.572 Alternative licensing standards for person

licensed as construction contractor671.574 Inactive status for landscape construction

professional license671.575 License required to obtain judicial or ad-

ministrative remedy; exception

Title 52 Page 1 (2009 Edition)

OCCUPATIONS AND PROFESSIONS

671.578 Suit for damages for misrepresentation;attorney fees

671.580 Landscape construction professional li-cense not transferable

671.590 Reciprocal landscape construction profes-sional licensing

671.595 Coursework and examination require-ments for noncontractor owners andmanaging employees; notice of dutychanges; rules

671.600 New landscape contracting business li-cense required upon change of ownership;notification of change of address

671.603 Persons required to give notification ofchange of address; communications deliv-ered to last-known address

671.605 Effect of change in partners or corporateowners; fee

671.607 License refusal or suspension for land-scape contracting business debt; rules

671.610 Grounds for sanctions against licensee;suspension or refusal of license withoutprior hearing; hearing; effect of revoca-tion; civil penalty; rules

671.613 Sanction for failure to comply with cer-tain laws; civil penalty

671.614 Placement on probation; conditions; fail-ure to fulfill conditions

671.615 Installation of backflow assemblies; quali-fication rules

671.617 Examination for backflow assembly in-staller license

671.625 Minimum standards for contracts andbillings; rules; compliance; effect of non-compliance

(Landscape Contractors Board)671.630 State Landscape Contractors Board;

members671.650 License fees671.655 Deposit of moneys671.660 Renewal of licenses; effect of lapse; pen-

alty fees671.670 Rulemaking authority671.676 Continuing education; rules671.681 Advisory and technical committees

(Claims)671.690 Surety bond, letter of credit or other se-

curity671.695 Types of claims671.700 Notice of claim; timeliness; board author-

ity over dispute671.703 Investigation of claim; resolution proc-

esses; dismissal of claim; rules671.707 Actions following final order of board671.710 Priority on satisfaction of claims

(Local Business Licenses)671.750 Portland metropolitan area business li-

censes671.755 Issuance of business license by metropol-

itan service district; city business licensetax

671.760 Business income tax

PENALTIES671.990 Penalties for violations of ORS 671.010 to

671.220 or 671.530671.992 Criminal penalties for violations of ORS

671.310 to 671.459671.995 Civil penalties for violations of ORS

671.310 to 671.459671.997 Civil penalties for violations of ORS

671.510 to 671.760


ARCHITECT; LANDSCAPE PROFESSIONS, BUSINESS 671.020

ARCHITECTS671.010 Definitions for ORS 671.010 to

671.220. As used in ORS 671.010 to 671.220,unless the context requires otherwise:

(1) “Architect” means an individual qual-ified and licensed to practice architectureunder ORS 671.010 to 671.220.

(2) “Board” means the State Board ofArchitect Examiners.

(3) “Building” means any structure con-sisting of foundations, floors, walls and roof,having footings, columns, posts, girders,beams, joists, rafters, bearing partitions, ora combination of any number of these parts,with or without other parts or appurtenancesthereto.

(4) “Consulting architect” means a per-son who is licensed by a jurisdiction in theUnited States or Canada to use the title of“Architect” and engage in the unlimitedpractice of architecture and who is not sub-ject to practice restrictions as the result ofdisciplinary action by any architect licensingboard.

(5) “Foreign architect” means a personwho is licensed by a country other than theUnited States or Canada to use the title of“Architect” and engage in the unlimitedpractice of architecture and who is not sub-ject to practice restrictions as a result ofdisciplinary action by the architect licensingboard issuing the license.

(6) “Practice of architecture” means theplanning, designing or supervising of theerection, enlargement or alteration of anybuilding or of any appurtenance theretoother than exempted buildings.

(7) “Registered professional engineer”means a person defined in ORS 672.002 anddescribed in ORS 672.002 to 672.325.

(8) “State Building Code” means theState of Oregon Structural Specialty Codeand Fire and Life Safety Code. [Amended by1957 c.408 §1; 1961 c.585 §1; 1977 c.803 §1; 2003 c.763 §1]

671.020 Registration requirement;consulting architects; foreign architects;rules; use of title; stamp; use of name. (1)In order to safeguard health, safety and wel-fare and to eliminate unnecessary loss andwaste in this state, a person may not prac-tice the profession of architecture or assumeor use the title of “Architect” or any title,sign, cards or device indicating, or tendingto indicate, that the person is practicing ar-chitecture or is an architect or represent inany manner that the person is an architect,without first qualifying before the StateBoard of Architect Examiners and obtaininga certificate of registration as provided byORS 671.010 to 671.220.

(2) Notwithstanding subsection (1) of thissection, a consulting architect may practicethe profession of architecture if the consult-ing architect:

(a) Is affiliated with a board-certified ar-chitect who is in responsible charge of allaspects of the architectural services pro-vided; and

(b) Uses the designation of “ConsultingArchitect, in consultation with,” followed bythe name of the Oregon architect describedin paragraph (a) of this subsection and thename of the architectural firm.

(3) Notwithstanding subsection (1) of thissection, a foreign architect may practice ar-chitecture if:

(a) The foreign architect is affiliated witha board-certified architect who is in respon-sible charge of all aspects of the architec-tural services provided;

(b) The foreign architect uses the desig-nation of “Foreign Architect, in consultationwith,” followed by the name of the Oregonarchitect described in paragraph (a) of thissubsection and the name of the architecturalfirm; and

(c) The board determines that the juris-diction in which the foreign architect is li-censed has adequate education and trainingstandards. The board, by rule, may recognizeagreements between a national certificationorganization and the foreign jurisdiction asproof of education and training standards.

(4) A person may not practice or attemptto practice the profession of architecture, orassume the title of “Architect,” “Consultingarchitect” or “Foreign architect,” or use inconnection with the business of the personany words, letters or figures indicating thetitle of “Architect,” “Consulting architect”or “Foreign architect” without first comply-ing with ORS 671.010 to 671.220.

(5) Every registered architect shall, uponregistration, obtain a stamp of the designauthorized by the board, bearing the nameof the registrant and the legend “RegisteredArchitect, State of Oregon.” All drawingsand the title page of all specifications in-tended for use as construction documents inthe practice of architecture must bear thestamp of a registered architect and be signedby the architect. The stamp and signatureconstitute certification that the architect hasexercised the requisite professional judgmentabout and made the decisions upon all mat-ters embodied within those construction doc-uments, that the documents were preparedeither by the architect or under the directcontrol and supervision of the architect andthat the architect accepts responsibility forthem.


671.025 OCCUPATIONS AND PROFESSIONS

(6) A licensed architect shall pursue theprofession under the architect′s own nameonly, as it appears in the architect′s license,except as provided by ORS 671.041. [Amendedby 1955 c.407 §1; 1957 c.408 §2; 1961 c.585 §4; 1971 c.587§1; 1977 c.803 §2; 1979 c.354 §1; 2003 c.763 §2]

671.025 Certain plans to carry stamp;identification. (1) Any person applying fora license or permit required under the lawsof this state or the ordinances of any juris-diction in which the person proposes toerect, construct, enlarge, alter, repair, move,improve, remove or convert a building shallsubmit an original or reproduction of theplans and specifications for the work pro-posed. The plans and specifications shall bearthe stamp of a registered architect, or of aregistered professional engineer, where theservices of a registered architect or of a reg-istered professional engineer are required bythe provisions of ORS 671.010 to 671.220, andshall be drawn to scale with sufficient clarityto indicate the nature and extent of the workproposed and that the work proposed con-forms to ORS 671.010 to 671.220, StateBuilding Code and to any other applicablelaws and ordinances.

(2) The plans and specifications shallbear identification which shall include, butnot be limited to:

(a) The project name and location;(b) The name, address and telephone

number of the person responsible for thepreparation of the documents;

(c) The name, address and telephonenumber of the owner; and

(d) The date the documents were issued.(3) Each jurisdiction which requires the

issuance of a permit as a condition precedentto the construction, alteration, improvementor repair of any building or structure shallrequire the signature and registration stampon the plans and specifications from a personallowed under the provisions of this sectionto prepare the plans and specifications.

(4) The registration stamp and signatureon the plans and specifications of a personregistered under this section to prepare theplans and specifications shall constitutecompliance with this section.

(5) The provisions under this sectionshall not apply to the issuance of permitswhere the preparation of plans and specifi-cations for the construction, alteration, im-provement or repair of a building orstructure is exempt from the provisions ofthis section except that the person preparingthe plans and specifications for others shallbe so identified. [1961 c.585 §3; 1977 c.803 §3; 1991c.910 §1]

671.030 Activities not considered as“practice of architecture.” (1) ORS 671.010to 671.220 do not apply to the practice ofnaval or landscape architecture or of engi-neering by a registered professional engineeror a person engaged in architecture or engi-neering work as an employee of an architector registered professional engineer.

(2) ORS 671.010 to 671.220 do not pro-hibit:

(a) Draftsmen, clerks of the work, super-intendents and other employees of registeredarchitects and registered professional engi-neers from acting under the instructions,control or supervision of their employers. Adraftsman, clerk, superintendent or otheremployee may not use the designation “ar-chitect,” “architectural” or “architecture”unless licensed under the provisions of ORS671.010 to 671.220, or unless a title contain-ing the designation is provided by rule of theState Board of Architect Examiners.

(b) A person from making plans or spec-ifications for, or supervising the erection,enlargement or alteration of, a building, oran appurtenance thereto, if the building:

(A) Is to be used for a single family resi-dential dwelling or farm building; or

(B) Is a structure used in connectionwith or auxiliary to a single family residen-tial dwelling or farm building, including butnot limited to a three-car garage, barn orshed or a shelter used for the housing of do-mestic animals or livestock.

(c) A person from making plans or spec-ifications for, or supervising the erection,enlargement or alteration of, a building, oran appurtenance thereto, if the building hasa ground area of 4,000 square feet or less andis not more than 20 feet in height from thetop surface of lowest flooring to the highestinterior overhead finish of the structure.

(d) A person from planning, designing,specifying or supervising the alterations orrepairs to a building if:

(A) The structural part of the building,including but not limited to the foundationwalls, floors, roof, footings, bearing parti-tions, beams, columns and joists, is not in-volved;

(B) The building code classification byuse or occupancy of the building is notchanged; and

(C) The building code classification bytype of construction of the building is notchanged.

(e) A contractor or duly appointed super-intendent or foreman from directing thework of erecting, enlarging or altering abuilding, or an appurtenance thereto, under



the supervision of a registered architect orregistered professional engineer.

(f) A person practicing marine, naval orlandscape architecture from purporting to bea marine, naval or landscape architect if thework is confined and limited to those classi-fications.

(g) A construction contractor licensedunder ORS chapter 701 from offering servicesconstituting the practice of architecture if:

(A) The services are appurtenant to con-struction services to be provided by the con-tractor;

(B) The services constituting the practiceof architecture are performed by an architector architects registered under ORS 671.010to 671.220; and

(C) The offer by the construction con-tractor discloses in writing that the contrac-tor is not an architect and identifies theregistered architect or architects who willperform the services constituting the prac-tice of architecture. [Amended by 1955 c.407 §2;1957 c.408 §3; 1987 c.158 §134; 1991 c.910 §2; 2001 c.362§1; 2003 c.763 §3]

671.040 [Amended by 1961 c.585 §5; 1965 c.303 §1;repealed by 1969 c.596 §1 (671.041 enacted in lieu of671.040)]

671.041 Practice of architecture bycorporations, limited liability companiesand partnerships; exceptions; annualstatement of directors or members; doc-uments to be stamped; reciprocity; rules.(1) A corporation, limited liability companyor partnership may engage in the practice ofarchitecture in this state under a corporateor assumed business name if the directors ofthe corporation representing at least a two-thirds percentage of the board of directors,the members of the limited liability companyholding at least a two-thirds ownership in-terest or the partners of the partnershipholding at least a two-thirds ownership in-terest are registered or licensed as architectsor as engineers in any jurisdiction recog-nized by rule of the State Board of ArchitectExaminers or the State Board of Examinersfor Engineering and Land Surveying andprovided that:

(a) The directors of the corporation re-presenting at least a one-third percentage ofthe board of directors, the members of thelimited liability company holding at least aone-third ownership interest or the partnersof the partnership holding at least a one-third ownership interest shall be architectsregistered or licensed in any jurisdiction re-cognized by rule of the State Board of Ar-chitect Examiners and that all persons incharge of the practice of architecture in thisstate for the corporation, limited liabilitycompany or partnership shall be:

(A) Members of the board of directors ofthe corporation, members of the limited li-ability company or partners of the partner-ship;

(B) Regularly employed in the office ofthe corporation, limited liability company orpartnership that directs and has supervisorycontrol of the practice of architecture in thisstate; and

(C) Registered as architects under ORS671.010 to 671.220;

(b) A corporate or assumed businessname does not include the surname of an in-dividual who is not presently or was notpreviously associated in the practice of ar-chitecture or engineering in this state or inany jurisdiction recognized by rule of theState Board of Architect Examiners or theState Board of Examiners for Engineeringand Land Surveying with the named entityor its members or predecessors; and

(c) The corporate or assumed businessname identifies the corporation, limited li-ability company or partnership as being en-gaged in the practice of architecture.

(2) The president of a corporation, thesenior member of a limited liability companyor the senior partner of a partnership prac-ticing architecture under an assumed nameshall file annually during the month of Jan-uary with the State Board of Architect Ex-aminers a statement containing the namesof all directors of the corporation, all mem-bers of the limited liability company or allpartners of the partnership. The statementshall indicate whether the directors, mem-bers or partners are registered or licensedarchitects or engineers and shall list the ju-risdictions in which they are registered orlicensed. The statement shall also indicatethe ownership interest of each member of alimited liability company or of each partnerof a partnership.

(3) All professional documents issued bythe corporation, limited liability company orpartnership that are required by ORS 671.010to 671.220 to bear the stamp of an architectshall bear the stamp of the architect respon-sible for the preparation thereof and shallalso bear the corporate or assumed businessname of the corporation, limited liabilitycompany or partnership.

(4) Notwithstanding the provisions ofsubsection (1) of this section, a professionalcorporation that existed on September 29,1991, may engage in the practice of architec-ture if the stockholders owning a majorityof the stock of the corporation are registeredas architects under ORS 671.010 to 671.220or professional engineers under ORS 672.002to 672.325.

(5) As used in this section:



(a) “Corporation” includes a domesticprivate corporation, foreign private corpo-ration, domestic cooperative corporation, for-eign cooperative corporation, domesticprofessional corporation and foreign profes-sional corporation.

(b) “Partnership” includes a domesticgeneral partnership, foreign general partner-ship, domestic limited partnership, foreignlimited partnership, domestic registered lim-ited liability partnership and foreign regis-tered limited liability partnership.

(6) In adopting rules required by thissection, the State Board of Architect Exam-iners or the State Board of Examiners forEngineering and Land Surveying shall rec-ognize jurisdictions that enforce require-ments for registration or licensing ofarchitects or engineers that are substantiallyequal to the requirements for registration orlicensing of architects or engineers in thisstate. [1969 c.596 §2 (enacted in lieu of 671.040); 1971c.587 §2; 1977 c.803 §4; 1985 c.764 §2; 1991 c.910 §3; 1995c.327 §§1,6]

671.045 Liability of professional corpo-ration. ORS 671.041 to 671.047 do not affectthe law applicable to the professional re-lationship and liabilities between a personrendering professional service and a personreceiving the service, and ORS 671.041 to671.047 do not affect the standards of profes-sional conduct of a profession. A share-holder, director, officer, employee or agentof a professional corporation may be heldpersonally liable for negligent or wrongfulacts or misconduct committed by that person,or by a person under the direct supervisionand control of that person, while renderingprofessional service on behalf of the corpo-ration to a person receiving the service thesame as though the service was being ren-dered by an individual. A shareholder, direc-tor or officer may also be held liable fornegligent or wrongful acts or misconduct inparticipation with such acts or misconductof another shareholder, director or officer ofthe corporation. The corporation is jointlyand severally liable up to the full value of itsassets for such acts or misconduct. However,the shareholders, directors, officers, em-ployees and agents of the corporation are notpersonally liable for the debts or other con-tractual obligations of the corporation. [1969c.596 §3; 1977 c.803 §5; 1991 c.910 §4; 1997 c.249 §203]

671.047 Application of general corpo-ration law to professional corporations.The Oregon Business Corporation Act is ap-plicable to professional corporations and theyenjoy the powers and privileges and are sub-ject to the duties, restrictions and liabilitiesof corporations organized under the OregonBusiness Corporation Act, except when in-consistent with ORS 671.041 to 671.047. ORS

671.041 to 671.047 take precedence in theevent of any conflict with provisions of theOregon Business Corporation Act or otherlaw. [1969 c.596 §4; 1977 c.803 §6]

671.050 Application for certificate ofregistration; qualifications. (1) Any persondesiring the right to practice architecture inthe State of Oregon shall make applicationto the State Board of Architect Examiners15 days prior to any meeting of the boardupon such forms and in such manner as maybe provided by the board. In addition to thequalifications required by ORS 671.010 to671.220, each applicant shall be at least 18years of age.

(2) Each applicant for a certificate ofregistration shall pay to the board the re-quired fee. [Amended by 1973 c.827 §62; 1973 c.832§21; 1974 c.36 §20; 1977 c.803 §7]

671.060 Examination of applicants; is-suing certificates; rules. (1) Examinationsof applicants for certificates of registrationshall be made by the State Board of Archi-tect Examiners according to the methoddeemed by it to be the most practicable totest the applicants′ qualifications. Examina-tions shall be written or oral or both writtenand oral and shall cover such subjects andbe graded on such basis as the board shalldetermine by administrative rule. The boardmay adopt the examination and the recom-mended grading procedures of the NationalCouncil of Architectural RegistrationBoards. The board shall prescribe the mini-mum educational and experience require-ments for applicants by administrative rule.

(2) A certificate of registration shall begranted to all applicants who after the ex-aminations are, in the opinion of a majorityof the board, properly qualified. A certificateshall be denied to applicants who, in theopinion of the majority of the board, are notproperly qualified. [Amended by 1973 c.832 §22]

671.065 Certification based on recogni-tion by national council or other juris-dictions. (1) The State Board of ArchitectExaminers may grant a certificate of regis-tration without examination to any personwho is not registered to practice architecturein this state but is certified by the NationalCouncil of Architectural Registration Boardsor has lawfully been issued a license or cer-tificate to practice in another jurisdiction ofthe United States or another country thathas qualifications and licensing examinationssubstantially similar to those required in thisstate.

(2) A person who seeks to practice ar-chitecture in this state and meets the re-quirements for certification in subsection (1)of this section may offer to render architec-tural services without being issued a certif-



icate of registration by the board, if thearchitect advises the prospective client andthe board in writing and submits an applica-tion for registration in this state. The personmay use the title of “Architect” while offer-ing to render architectural services, but maynot represent that the person is qualified topractice under ORS 671.010 to 671.220. [1977c.803 §9; 2003 c.763 §4]

671.070 [Repealed by 1977 c.803 §18 and 1977 c.842§14]

671.080 Annual renewal; fee; effect offailure to renew; inactive status; rules. (1)Each registrant who desires to continue asan architect in this state shall annually sub-mit to the State Board of Architect Examin-ers, on or before the renewal deadlineestablished by board rule, a renewal applica-tion and the renewal fee authorized underORS 671.085. The registrant shall also fur-nish evidence satisfactory to the board thatthe registrant has complied with any contin-uing education requirements adopted by theboard under ORS 671.125, unless those re-quirements have been waived. Upon paymentand, if required, the furnishing of satisfac-tory evidence, the board shall issue to theregistrant a certificate of renewal of regis-tration for a period of one year.

(2) If a registrant fails to have a certif-icate renewed on or before the renewaldeadline established by board rule, the regis-trant is delinquent. The registrant may re-new the certificate not later than the 30thday after the renewal date, without penalty,if the registrant pays the renewal fee andfurnishes evidence satisfactory to the boardthat the registrant has complied with anycontinuing education requirements adoptedby the board under ORS 671.125, unless thoserequirements have been waived. The regis-trant may renew the certificate after the30th day after the renewal date, if the regis-trant pays the renewal fee plus a late fee inan amount to be prescribed by the board byrule, and furnishes evidence satisfactory tothe board that the registrant has compliedwith any continuing education requirementsadopted by the board under ORS 671.125, un-less those requirements have been waived.

(3) Any person who fails to pay the re-newal fee, with any late fees, or fails to fur-nish evidence satisfactory to the board thatthe registrant has complied with any contin-uing education requirements adopted by theboard under ORS 671.125, unless those re-quirements have been waived, for a period of60 days, forfeits the right to practice archi-tecture in this state. The person may bereinstated as an architect only upon passingexaminations required by the board, by com-plying with any continuing education re-quirements adopted by the board under ORS

671.125 and by paying any required fees andpenalties.

(4) The board may grant inactive statusto any registered architect who gives up thepractice and while in good standing makes arequest in writing to the board. The archi-tect may resume practice by complying withany continuing education requirementsadopted by the board under ORS 671.125 andpaying any required fees and penalties.[Amended by 1957 c.408 §4; 1973 c.832 §23; 1977 c.803 §10;1977 c.873 §2a; 1991 c.910 §5; 1997 c.643 §10; 1999 c.802§§2,3; 2003 c.763 §5]

671.085 Fees; rules. In addition to anyother fee imposed by the State Board of Ar-chitect Examiners by rule, the board mayimpose fees for the following:

(1) Registration.(2) Renewal.(3) Filing an application for Architectural

Registration Examination.(4) Architectural Registration Examina-

tion, resident and nonresident.(5) Reciprocal application.(6) Duplicate certificate.(7) Corporation renewal.(8) Corporation registration. [1973 c.832 §20;

1977 c.803 §11; 1981 c.121 §3; 1983 c.50 §1; 1989 c.795 §1;1991 c.703 §17; 1997 c.643 §11; 2003 c.14 §412; 2003 c.763§6]

671.090 Grounds for denial, suspensionor revocation of certificates. The StateBoard of Architect Examiners may refuse togrant, reinstate or renew, or may suspend orrevoke, a certificate of registration to prac-tice architecture in this state upon proof ofone or more of the following grounds:

(1) Using fraud or deception in applyingfor a certificate of registration or in passingan examination as provided in ORS 671.010to 671.220.

(2) Falsely impersonating a practitioneror former practitioner.

(3) Practicing under an assumed, ficti-tious, or a corporate name contrary to theprovisions of ORS 671.010 to 671.220.

(4) Demonstrating fraud, deceit, grossnegligence, incompetency or misconduct inthe practice of architecture.

(5) Willfully evading or attempting toevade any law, ordinance, code or regulationof the state, or counties and cities of thisstate, governing construction of buildings.

(6) Stamping or signing any plans, spec-ifications or drawings that were not preparedby the architect or under the architect′s di-rect control and supervision.

(7) Unbeknown to a party for whom thearchitect is doing work, receiving rebates,commissions, grants of moneys or favors



which the architect is not entitled to or jus-tified in receiving.

(8) Practicing contrary to the provisionsand requirements of ORS 671.010 to 671.220.

(9) Failing to comply with any continuingeducation requirements adopted by the boardunder ORS 671.125, unless the requirementshave been waived by the board.

(10) Being convicted of any crime undercircumstances that relate to the practice ofarchitecture.

(11) Being the subject of disciplinary ac-tion taken by another jurisdiction. [Amendedby 1973 c.832 §24; 1977 c.803 §12; 1979 c.354 §2; 1999 c.802§5; 2003 c.165 §1]

671.100 Disciplinary action by board.(1) The State Board of Architect Examinersmay revoke, suspend or annul the certificateof registration to practice architecture inthis state of an architect, or reprimand,censure or otherwise discipline an architect,as provided in this section.

(2) Any person may prefer chargesagainst a holder of a certificate of registra-tion to practice architecture. The chargesshall be in writing and sworn to by the com-plainant. They shall be forwarded to theboard which shall act on the charges at itsnext regular meeting. [Amended by 1971 c.734§105]

671.105 Hearing required in discipli-nary action; judicial review of board or-ders. (1) Where the State Board of ArchitectExaminers proposes to refuse to issue or re-new a license, or proposes to revoke or sus-pend a license, or to reprimand, censure orotherwise discipline an architect, opportunityfor hearing shall be accorded as provided inORS chapter 183.

(2) Judicial review of orders under sub-section (1) of this section shall be as pro-vided in ORS chapter 183. [1971 c.734 §107]

671.110 [Amended by 1955 c.407 §3; repealed by 1971c.734 §21]

671.120 State Board of Architect Ex-aminers; members; term; chair. The StateBoard of Architect Examiners shall operateas a semi-independent state agency subjectto ORS 182.456 to 182.472 for the purpose ofcarrying out ORS 671.010 to 671.220. Theboard shall be composed of seven membersappointed by the Governor to four-year termswith three terms maximum. The chair of theboard shall be elected by the board fromamong the current members. The board shallhave as members:

(1) Five architects who are residents ofOregon and who have resided in this statefor a period of not less than five years; and

(2) Two members of the general public.[Amended by 1963 c.580 §24; 1971 c.753 §25; 1977 c.803

§13; 1981 c.121 §2; 1987 c.414 §41; 1991 c.910 §6; 1993 c.18§144; 1997 c.643 §12; 1999 c.1084 §57]

671.125 Rulemaking authority ofboard. In accordance with any applicableprovisions of ORS chapter 183, the StateBoard of Architect Examiners may:

(1) Adopt reasonable rules necessary forthe administration of the laws the board ischarged with administering; and

(2) Adopt reasonable rules prescribingstandards of professional conduct for archi-tects and rules requiring continuing profes-sional education for architects. In adoptingrules under this subsection, the board shallgive consideration to national standards andpractices as a means of facilitating reciprocallicensing of architects among jurisdictionsrecognized by the board. The board shall alsoconsider local practices. [1977 c.803 §15; 1999 c.802§1]

671.130 [Amended by 1963 c.580 §25; repealed by1971 c.753 §74]

671.140 [Amended by 1969 c.596 §5; repealed by 1971c.753 §74]

671.150 [Amended by 1957 c.408 §5; 1969 c.596 §6;repealed by 1971 c.753 §74]

671.160 [Repealed by 1971 c.753 §74]671.165 [1961 c.431 §27; repealed by 1971 c.753 §74]671.170 [Amended by 1961 c.585 §6; repealed by 1971

c.753 §74]671.180 [Repealed by 1961 c.585 §8]671.190 [Amended by 1957 c.408 §6; 1969 c.314 §73;

repealed by 1971 c.753 §74]671.200 [Repealed by 1971 c.753 §74]671.210 [Amended by 1955 c.407 §4; repealed by 1971

c.753 §74]

671.220 Civil penalties; injunction; ef-fect of failure to be licensed; represen-tation of membership in trade orprofessional organization. (1) Any personwho violates any provision of ORS 671.010 to671.220 or any rule promulgated thereundershall be assessed a civil penalty of not morethan $5,000 for each offense. The provisionsof this section are in addition to and not inlieu of any other penalty or sanction pro-vided by law.

(2) If the State Board of Architect Exam-iners decides that any person has or is aboutto engage in an activity that is or will be aviolation of any provision of ORS 671.020 or671.041, the board may institute a proceedingin an appropriate circuit court to restrainthe activity or proposed activity. An injunc-tion may be issued without proof of actualdamages, but does not relieve the defendantfrom criminal prosecution for violation ofORS 671.010 to 671.220.

(3) No person, partnership, limited liabil-ity company or corporation practicing archi-tecture is entitled to maintain a proceedingin any court of this state relating to servicesin practicing architecture unless it is alleged



and proven that the person, partnership, lim-ited liability company or corporation was li-censed to practice architecture under ORS671.010 to 671.220 at the time services wererendered.

(4) Civil penalties under this sectionshall be imposed as provided in ORS 183.745.

(5) Nothing in ORS 671.010 to 671.220shall be construed to prevent any personfrom representing the person′s membershipor affiliation with any bona fide professionalor trade organization unless such represen-tation is made to advance that person′s unli-censed practice or unlawful attempt topractice the profession of architecture.

(6) Notwithstanding ORS 670.335, civilpenalties recovered under this section shallbe deposited into an account established bythe board as provided in ORS 182.470. Mon-eys deposited are appropriated continuouslyto the board and shall be used only for theadministration and enforcement of ORS182.456 to 182.472 and 671.010 to 671.220.[Amended by 1961 c.585 §7; 1977 c.803 §16; 1983 c.389 §3;1989 c.795 §§2,5; 1991 c.734 §64; 1995 c.327 §2; 1995 c.762§1; 1997 c.643 §13; 1999 c.1084 §58]

LANDSCAPE ARCHITECTS671.310 Definitions for ORS 671.310 to

671.459. As used in ORS 671.310 to 671.459,unless the context requires otherwise:

(1) “Board” means the State LandscapeArchitect Board.

(2) “Design” means layout, form and es-tablishment of grades and tangible site fea-tures for services described in subsection (5)of this section.

(3) “Landscape architect” means an indi-vidual who engages in the practice of land-scape architecture.

(4) “Landscape architect in training”means a person registered as a landscape ar-chitect in training under ORS 671.316 (3).

(5) “Landscape architecture” or the“practice of landscape architecture” meansthe performance of, or offer to perform, pro-fessional services that have the dominantpurpose of landscape preservation, develop-ment and enhancement, including but notlimited to reconnaissance, research, plan-ning, landscape and site design, the prepara-tion of related drawings, constructiondocuments and specifications and responsibleconstruction observation. “Landscape archi-tecture” or the “practice of landscape archi-tecture” includes the location, arrangementand design of tangible objects and featuresthat are incidental and necessary for land-scape preservation, development and en-hancement.

(6) “Landscape preservation, developmentand enhancement” means:

(a) The preservation and aesthetic andfunctional enhancement of land uses and na-tural land features;

(b) The location and construction of aes-thetically pleasing and functional systems,approaches and settings for structures,roadways and walkways or other improve-ments for natural drainage and erosion con-trol;

(c) Design for trails, pedestrian systems,plantings, irrigation, site lighting, gradingand drainage and other site features;

(d) Investigation, selection and allocationof land and water resources for appropriateuses;

(e) Feasibility studies;(f) Formulation of graphic and written

criteria to govern the planning and design ofland conservation programs;

(g) Preparation, review and analysis ofmaster plans for land use and development;

(h) Production of overall site plans, plansfor grading, drainage, irrigation and planting,and related construction details;

(i) Development specifications, cost esti-mates and reports;

(j) Collaboration in the design of roads,bridges and structures with respect to thefunctional and aesthetic requirements of theareas where the roads, bridges and struc-tures are to be placed;

(k) Negotiation and arrangement for exe-cution of land area projects; and

(L) Field observation of land area con-struction, restoration and maintenance.

(7) “Registered landscape architect”means a person registered as a landscape ar-chitect under ORS 671.310 to 671.459.

(8) “Site features” means constructedsurfaces, steps, retaining walls, fences,arbors, trellises, benches, decks, fountains,ponds, waterways, pools or other physical el-ements constructed or proposed for con-struction in the landscape. [1961 c.431 §1; 1963c.580 §31; 1981 c.536 §1; 1983 c.455 §1; 1987 c.414 §42; 2001c.950 §11; 2003 c.14 §413]

671.312 Purpose of ORS 671.310 to671.459, 671.992 and 671.995. ORS 671.310 to671.459, 671.992 and 671.995 are enacted inorder to introduce qualifying criteria in theprofessional practice of landscape architec-ture. This action is necessary to safeguardpublic health, safety, welfare and propertyand to eliminate unnecessary loss and wastein this state. These safeguards are in thepractice of landscape architecture as it re-lates to engineering, architecture, groundwater, land use planning, landscape hazards,the further development of the practice oflandscape architecture and the landscape ar-



chitectural concerns of the people of thisstate. [1983 c.455 §3; 1995 c.189 §1; 2001 c.950 §12]

671.315 [1981 c.536 §2; 1995 c.189 §2; repealed by 2001c.950 §23]

671.316 Registration requirement forpractice of landscape architecture; regis-tration as landscape architect in training;rules. (1) Except as provided in this section,unless an individual is registered as a land-scape architect by the State Landscape Ar-chitect Board, the individual may not engagein the practice of landscape architecture.Unless an individual is registered as a land-scape architect by the board, the individualmay not use the title of “landscapearchitect,” “registered landscape architect”or “landscape architectural designer” or useother titles or any words, letters, figures,signs, cards, advertisements, symbols orother devices to represent that the individualor a business associated with the individualis authorized to practice landscape architec-ture.

(2) A person may not knowingly aid orabet an individual who is not registered asrequired under this section in the practiceof landscape architecture.

(3) Notwithstanding subsections (1) and(2) of this section, the board may register aperson as a landscape architect in trainingif the person meets the education and expe-rience standards established by board ruleand passes a board approved examination.The board shall adopt rules establishing feesand specifying the qualifications, duties,functions and powers of a landscape archi-tect in training. [2001 c.950 §2]

671.318 Businesses providing land-scape architecture services. A businessmay not provide landscape architecture ser-vices unless the work is under the full au-thority and responsible charge of a registeredlandscape architect who is also an owner orofficer of the business. A business shall filea form with the State Landscape ArchitectBoard identifying responsible landscape ar-chitects by name and registration number.The filing must also describe the servicesthat the business is offering to the public.The filing must be in a form prescribed bythe board. The business shall notify theboard in writing no later than 30 days aftera change of registered owners or officers ora change of business name or address. [2001c.950 §3]

671.320 [1961 c.431 §2; repealed by 1977 c.842 §10]

671.321 Activities not considered prac-tice of landscape architecture. (1) ORS671.310 to 671.459, 671.992 and 671.995 do notrestrict or otherwise affect the right of anyperson to:

(a) Practice architecture under ORS671.010 to 671.220;

(b) Practice engineering under ORS672.002 to 672.325;

(c) Engage in the occupation of growingand marketing nursery stock, or use the title“nurseryman” or “landscape nurseryman”;

(d) Operate as a landscape constructionprofessional or landscape contracting busi-ness under ORS 671.510 to 671.760 or use thetitle “landscape construction professional” or“landscape contractor”;

(e) Engage in making plans or drawingsfor the selection, placement or use of plantsor other site features unless the plans ordrawings are for the purpose of providingconstruction details and specifications nototherwise exempted;

(f) Use the title “landscape designer” inconnection with activities described underparagraph (e) of this subsection;

(g) Make any plans, drawings or specifi-cations for property owned by that person;or

(h) Provide recommendations or writtenspecifications for soil amendments or plant-ing mediums if the recommendations orspecifications are solely for purposes of plantinstallation and do not significantly alter thestability of the soil profile or surface drain-age patterns.

(2) The scope of services described inORS 671.310 (5) and (6) does not preclude aregistered landscape architect from:

(a) Planning the development of landareas and elements used on land areas; or

(b) Performing services described in ORS671.310 (5) and (6) in connection with thesettings, approaches or environment forbuildings, structures or facilities in accor-dance with legally established standards forpublic health, safety and welfare.

(3) ORS 671.310 to 671.459, 671.992 and671.995 do not apply to:

(a) The preparation of detailed or shopdrawings that a construction contractor isrequired to furnish or the administration ofconstruction contracts by a person custom-arily engaged in contracting work.

(b) The preparation of technical sub-missions or the administration of construc-tion contracts by employees of a landscapearchitect or a landscape architecture busi-ness when acting under the direct super-vision of a registered landscape architect.

(c) Employees of the federal governmentacting within the scope of that employment.[2001 c.950 §5; 2007 c.541 §10; 2009 c.483 §6]



671.325 Application for registration;fee. (1) Any individual desiring to be regis-tered as a landscape architect in this stateshall make application to the State Land-scape Architect Board 15 days prior to anymeeting of the board upon such forms and insuch manner as may be provided by theboard. In addition to the qualifications re-quired by ORS 671.310 to 671.459, each ap-plicant shall be at least 18 years of age.

(2) Each applicant for a certificate ofregistration shall pay to the board the feerequired under ORS 671.365. [1981 c.536 §3; 1987c.414 §42a; 1995 c.189 §3; 2003 c.14 §414]

671.330 [1961 c.431 §§4,5; 1973 c.832 §24a; 1975 c.429§19; repealed by 1977 c.842 §10]

671.335 Examination; qualificationsfor registration; rules. (1) Examination ofan applicant for a certificate of registrationshall be made by the State Landscape Archi-tect Board according to the method deemedby it to be the most practicable to test theapplicant′s qualification. Examinations shallbe written or oral or both written and oraland shall cover such subjects and be gradedon such basis as the board shall determineby rule. The board may adopt the examina-tion and the recommended grading proce-dures of the Council of LandscapeArchitectural Registration Boards or thestandards and procedures of any other land-scape architect association. The board shallprescribe the minimum education and expe-rience requirements for applicants by admin-istrative rule.

(2) A certificate of registration shall begranted to any applicant who after the ex-amination is, in the opinion of the board,properly qualified as determined by rule bythe board. A certificate of registration shallbe denied to an applicant who, in the opinionof the board, is not properly qualified as de-termined by the board by rule. [1981 c.536 §4;1995 c.189 §4]

671.338 Confidentiality of application,examination and investigatory informa-tion. (1) Notwithstanding ORS 192.420:

(a) In addition to any exemption fromdisclosure provided under ORS 192.501 (4),State Landscape Architect Board examina-tion materials, file records of examinationgrading and performance, transcripts fromeducational institutions, letters of inquiry,letters of reference and board inquiry formsconcerning applicants or registrants are con-fidential and may not be disclosed except asprovided in paragraph (b) of this subsectionor subsection (2) of this section.

(b) Investigatory information developedor obtained by the board is confidential andnot subject to disclosure by the board unlessa notice is issued for a contested case hear-ing or the matter investigated is finally re-

solved by board action or a consent order.The board shall notify the registrant of theinvestigation. The public may obtain infor-mation confirming that an investigation isbeing conducted and describing the generalnature of the matter being investigated.

(2) The board may appoint an advisorycommittee to conduct an investigation de-scribed under subsection (1)(b) of this sectionon behalf of the board. Investigatory infor-mation developed or obtained by an advisorycommittee is confidential unless a notice isissued for a contested case hearing or thematter investigated is finally resolved byboard action or a consent order. The boardmay discuss in open session matters that arebeing reviewed by an advisory committee,but may not disclose confidential informationinto the public record.

(3) Notwithstanding any confidentialityestablished under subsection (1) or (2) of thissection, if the board or an advisory commit-tee meets in executive session to discuss aninvestigation, the board or committee maypermit other public officials and members ofthe press to attend the executive session.Notwithstanding ORS 192.610 to 192.690, thepublic officials and members of the press at-tending the executive session may not dis-close information discussed by the board orcommittee during the session until the infor-mation ceases to be confidential under sub-section (1) or (2) of this section. [2001 c.950 §6;2003 c.14 §415]

671.340 [1961 c.431 §3; 1973 c.827 §63; repealed by1977 c.842 §10]

671.345 Registration based on recogni-tion by other jurisdictions; fee. (1) TheState Landscape Architect Board may regis-ter as a landscape architect, without exam-ination, any individual who applies for suchregistration under ORS 671.325, and:

(a) On the date of making application isa landscape architect licensed or registeredunder the laws of any other state or territoryof the United States, if the requirements forthe licensing or registration of landscape ar-chitects in the state or territory in which theapplicant is licensed or registered on thedate of licensing or registration in such stateor territory were substantially equal to therequirements for the registration of land-scape architects in this state on the date ofthe application; or

(b) Within the five years immediatelypreceding application has passed a nationalexamination acceptable to the board.

(2) Each applicant under this sectionshall pay at the time of filing the applicationan original registration fee for registrationof an out-of-state landscape architect as pro-vided in ORS 671.365. [1981 c.536 §5; 1987 c.414



§42b; 1987 c.460 §1; 1993 c.18 §145; 1995 c.189 §5; 1997c.643 §14; 2001 c.950 §13]

671.355 [1981 c.536 §6; repealed by 1995 c.189 §12]671.360 [1961 c.431 §7; 1973 c.827 §64; repealed by

1977 c.842 §10]

671.365 Fees; rules. The State LandscapeArchitect Board may establish by rule theamounts for fees to be charged and collectedunder ORS 671.310 to 671.459. The fees shallinclude, but are not limited to:

(1) An examination fee.(2) A fee for original registration of out-

of-state landscape architect under ORS671.345.

(3) A fee for issuance of original regis-tration under ORS 671.335.

(4) A fee for issuance of a duplicate cer-tificate of registration.

(5) A fee for renewal of registration un-der ORS 671.376.

(6) A late renewal fee under ORS 671.376.[1981 c.536 §6a; 1993 c.712 §1; 1995 c.189 §6; 1997 c.643§15; 2003 c.14 §416]

671.370 [1961 c.431 §§8, 11; 1973 c.832 §24b; repealedby 1977 c.842 §10]

671.375 [1981 c.536 §7; 1987 c.460 §2; repealed by 1995c.189 §7 (671.376 enacted in lieu of 671.375)]

671.376 Renewal; fee; late fee; failureto renew; rules; inactive status. (1) Eachregistrant who desires to continue as a land-scape architect or landscape architect intraining in this state shall annually pay tothe State Landscape Architect Board, on orbefore the renewal date set by the board byrule, the fee for renewal of registration re-quired under ORS 671.365 (5). Upon paymentthe board administrator shall issue to theregistrant a certificate of renewal of regis-tration for a period of one year.

(2) If a registrant fails to have a certif-icate renewed on or before the renewal dateset by the board by rule, the registrant shallbe deemed delinquent. However, the regis-trant may renew the certificate:

(a) Without a late fee if the registrantpays the renewal fee not later than 30 daysafter the renewal date; or

(b) With a late fee in the amount pre-scribed by the board by rule, if the registrantpays the renewal fee and late fee later than30 days, but not later than 60 days, after therenewal date.

(3) A person who fails to pay the renewalfee and, if applicable, the late fee for a periodof 60 days after the renewal date may renewthe registration only upon passing examina-tions required by the board and by payingany required examination fees, renewal feesand late fees.

(4) The board may grant inactive statusto any registered landscape architect whogives up the practice of landscape architec-ture as defined in ORS 671.310 and while ingood standing makes a request in writing tothe board. The inactive landscape architectmay resume practice within five years afterapproval of the request upon payment of theannual fee for the renewal of registration forthe current year, without a late fee. If theinactive landscape architect fails to renewthe registration within five years, the regis-tration shall be deemed lapsed. The inactivelandscape architect may renew the registra-tion only upon passing examinations requiredby the board and by paying any required ex-amination fees, renewal fees and late fees.[1995 c.189 §8 (enacted in lieu of 671.375); 2001 c.950 §14;2005 c.25 §1]

671.379 Stamps. (1) A registered land-scape architect shall obtain a stamp of a de-sign authorized by the State LandscapeArchitect Board. The stamp must bear thename, registration date and registration cer-tificate number of the landscape architectand the legend “registered landscape archi-tect.”

(2) A registered landscape architect shallstamp and sign all final drafts of professionaldocuments that the landscape architect is-sues for obtaining permits, obtaining ap-provals by agencies other than the board orfulfilling contractual obligations, includingmaps, plans, designs, contract documents andreports.

(3) The signature and stamp of a regis-tered landscape architect constitute certi-fication that the document was prepared bythe landscape architect or under the super-vision and control of the landscape architect.[2001 c.950 §4]

671.380 [1961 c.431 §9; 1973 c.832 §24c; 1975 c.429 §8;1977 c.873 §3; repealed by 1977 c.842 §10]

671.385 [1981 c.536 §8; 1987 c.414 §42c; repealed by1995 c.189 §12]

671.390 [1961 c.431 §10; 1973 c.827 §65; repealed by1977 c.842 §10]

671.393 Code of professional conduct;rules; publication; effect; revision. TheState Landscape Architect Board shall causeto be prepared and shall by rule adopt a codeof professional conduct which shall be knownin writing to every landscape architect andapplicant for registration under ORS 671.310to 671.459. This code shall be published inthe roster of landscape architects. Such pub-lication shall constitute due notice to allregistrants. The board may revise and amendthis code of conduct from time to time andshall promptly notify each registrant inwriting of such revisions or amendments.[1983 c.455 §4; 2003 c.14 §417]



671.395 Continuing education; fee. (1)The State Landscape Architect Board mayestablish or approve programs of continuingeducation that contribute to the competencyof landscape architects. The board maycharge a fee for programs of continuing edu-cation it establishes.

(2) The board may require completion ofa program of continuing education estab-lished or approved under this section as acondition for the issuance or renewal of reg-istration as a landscape architect under ORS671.310 to 671.459. [1981 c.536 §9; 2001 c.950 §15;2003 c.14 §418]

671.400 [1961 c.431 §13; repealed by 1977 c.842 §10]

671.404 Grounds for refusal to registeror renew or for suspension. Subject toORS chapter 183, the State Landscape Ar-chitect Board may refuse to register any ap-plicant, may refuse to renew the registrationof any registered landscape architect orlandscape architect in training, or may sus-pend for a period not exceeding one year orrevoke the registration of any registeredlandscape architect or landscape architect intraining if the board finds that the applicantor registrant is a person who:

(1) Has used dishonesty, fraud or deceitin obtaining or attempting to obtain regis-tration under ORS 671.310 to 671.459, includ-ing but not limited to dishonesty, fraud ordeceit in applying for registration, applyingto sit for an examination or passing an ex-amination.

(2) Is impersonating or has attempted toimpersonate a registered landscape architector a former registered landscape architect,or is practicing under an assumed or ficti-tious name.

(3) Has used dishonesty, fraud or deceitor has been negligent, in the practice oflandscape architecture.

(4) Has affixed the person′s signature toplans, reports or other professional docu-ments that have not been prepared by theperson or under the person′s immediate andresponsible direction or has permitted theuse of the person′s name for the purpose ofassisting any individual, not a registeredlandscape architect, to evade the provisionsof ORS 671.310 to 671.459, 671.992 and671.995.

(5) Has been found to have violated eth-ical or professional standards by a court oradministrative body in another state forcommitting or omitting acts that, if commit-ted or omitted in this state, would be a vio-lation of ethical or professional standardsestablished pursuant to ORS 671.310 to671.459. A certified copy of the record ofsuspension or revocation of the state making

the suspension or revocation is conclusiveevidence thereof.

(6) Has willfully evaded or attempted toevade a local or state law, ordinance, codeor rule, governing the construction of land-scapes or other site features. [1981 c.536 §10;1987 c.460 §3; 1995 c.189 §9; 2001 c.950 §16; 2003 c.14 §419;2005 c.22 §474]

671.405 [1971 c.734 §109; repealed by 1977 c.842 §10]

671.408 Disciplinary actions. In addi-tion to any civil penalty imposed by the StateLandscape Architect Board or any fine orterm of imprisonment imposed by a court,except as otherwise provided in ORS 671.404,the board may impose one or more of thefollowing sanctions against a person violat-ing ORS 671.310 to 671.459:

(1) Revocation of a certificate of regis-tration.

(2) Suspension of a certificate of regis-tration for not more than three years.

(3) Restriction of the scope of a regis-trant′s practice.

(4) Imposition of peer review.(5) Imposition of specific or additional

professional education requirements.(6) Imposition of probationary registra-

tion status and restrictions, including butnot limited to requirements designed to pro-tect the public health, safety and welfare andrestitution payments to clients or other per-sons suffering economic loss due to the vio-lation.

(7) Issuance of a written reprimand. [2001c.950 §9; 2003 c.14 §420]

671.410 [1961 c.431 §14; repealed by 1971 c.734 §21]

671.412 Public contract requirements.(1) The state or a political subdivision maycontract for landscape architecture serviceprojects only with registered landscape ar-chitects, as defined in ORS 671.310.

(2) Drawings, plans, specifications, esti-mates and construction observation for pub-lic works of the state or a politicalsubdivision that require landscape architec-ture services must be prepared by, or underthe direct supervision of, a landscape archi-tect registered in an appropriate category.[1983 c.455 §7; 1995 c.189 §10; 2001 c.950 §17]

671.415 Rulemaking authority. TheState Landscape Architect Board, subject toORS chapter 183, may adopt rules necessaryfor the board to perform its duties underORS 671.310 to 671.459 and 671.995. [1981 c.536§11; 1987 c.414 §42d; 2003 c.14 §421]

671.420 [1961 c.431 §16; repealed by 1977 c.842 §10]

671.425 Issuance of registration afterrevocation. If the State Landscape ArchitectBoard revokes the registration of a regis-tered landscape architect under ORS 671.404,the board may issue registration under ORS



671.310 to 671.459 to the individual whoseregistration is revoked if the individual:

(1) Files a new application for the regis-tration and passes an examination given bythe board; and

(2) Establishes to the satisfaction of theboard that all loss caused by the acts forwhich the license was revoked has been fullysatisfied and that the individual has compliedwith all conditions imposed by the decisionof revocation. [1981 c.536 §12; 1987 c.414 §42e; 2001c.950 §18; 2003 c.14 §422]

671.428 [1983 c.455 §5; repealed by 1995 c.189 §12]671.430 [1961 c.431 §15; repealed by 1971 c.734 §21

and by 1971 c.753 §74]671.435 [1981 c.536 §13; 1991 c.734 §65; 1997 c.643 §16;

1999 c.1084 §59; 2001 c.950 §19; renumbered 671.950 in2001]

671.440 [1961 c.431 §12; repealed by 1977 c.842 §10]

671.442 Arbitration; effect; costs. In adispute arising out of a contractual agree-ment between a registered landscape archi-tect and a member of the general public ofthe state, the State Landscape ArchitectBoard or a subcommittee of the board mayact as arbiter of the dispute. Upon agreementof all parties to such arbitration, the findingsof the board or subcommittee shall be bind-ing on all parties to the dispute. There shallbe no costs borne by any party for such ar-bitration and for the purposes of this sectionmembers of the board shall serve withoutcompensation but shall be reimbursed as de-termined by the board. [1983 c.455 §6; 1997 c.643§17]

671.445 Investigation of complaints.The State Landscape Architect Board may,upon motion of the board or upon the veri-fied complaint in writing of any person, in-vestigate any alleged violation of ORS671.310 to 671.459. As part of the investi-gation, the board may administer oaths, ob-tain and receive evidence at boardproceedings and compel compliance withboard subpoenas, all as provided in ORS670.315. [1981 c.536 §14; 1987 c.414 §42f; 2001 c.950 §20;2003 c.14 §423]

671.447 Persons supplying informationto board or advisory committee. A personthat reports or supplies information in goodfaith to the State Landscape Architect Boardor to an advisory committee assisting theboard is immune from an action for civildamages as a result thereof. The board orcommittee shall not disclose the name of aperson requesting confidentiality unless thetestimony of the person is required as partof a board disciplinary proceeding. [2001 c.950§7]

671.450 [1961 c.431 §21; repealed by 1977 c.842 §10]

671.454 [1981 c.536 §14a; 1987 c.414 §43; repealed by2001 c.950 §23]

671.455 [1963 c.580 §28; 1969 c.314 §74; 1971 c.753 §26;repealed by 1977 c.842 §10]

671.459 State Landscape ArchitectBoard; members; chair; term. (1) TheState Landscape Architect Board shall oper-ate as a semi-independent state agency sub-ject to ORS 182.456 to 182.472 for thepurpose of carrying out ORS 671.310 to671.459, 671.992 and 671.995. The board shallconsist of seven members to be appointed bythe Governor. Four of the members shall beregistered landscape architects, three shallbe public members, and all shall be residentsof this state. The chair of the board shall beelected by the board from among the currentmembers.

(2) The term of office of each member isfour years, but a member serves at thepleasure of the Governor. Before the expira-tion of the term of a member, the Governorshall appoint a successor whose term beginson July 1 next following. A member is eligi-ble for reappointment. [1981 c.536 §15; 1987 c.414§44; 1993 c.744 §238; 1995 c.189 §11; 1997 c.643 §18; 1999c.1084 §60; 2001 c.950 §21]

671.460 [1961 c.431 §§17,19,20; repealed by 1963 c.580§103]

671.465 [1963 c.580 §29; repealed by 1971 c.753 §74]671.470 [1961 c.431 §22; repealed by 1963 c.580 §103]671.475 [1963 c.580 §30; repealed by 1971 c.753 §74]671.480 [1961 c.431 §23; 1967 c.637 §26; repealed by

1971 c.753 §74]

LANDSCAPE CONSTRUCTIONPROFESSIONALS

AND LANDSCAPE CONTRACTINGBUSINESSES

(Generally)671.510 Short title. ORS 671.510 to

671.760 may be cited as the Landscape Con-tractors Law. [1971 c.764 §1; 1973 c.832 §25]

671.520 Definitions for ORS 671.510 to671.760. As used in ORS 671.510 to 671.760,unless the context requires otherwise:

(1) “Landscape constructionprofessional” means an individual who forcompensation or with the intent to be com-pensated performs or supervises activitiesrequiring the art, ability, experience, know-ledge, science and skill to:

(a) Plan or install lawns, shrubs, vines,trees or nursery stock;

(b) Prepare property on which lawns,shrubs, vines, trees or nursery stock is to beinstalled;

(c) Construct or repair ornamental waterfeatures, drainage systems or irrigation sys-tems;

(d) Maintain irrigation systems with theuse of compressed air; or



(e) Plan or install fences, decks, arbors,patios, landscape edging, driveways, walk-ways or retaining walls.

(2) “Landscape contracting business”means a business that for compensation orwith the intent to be compensated arranges,submits a bid, or otherwise offers or con-tracts, for the performance of activities de-scribed in subsection (1) of this section.

(3) “Licensee” means a person that is li-censed under ORS 671.510 to 671.760 as alandscape construction professional or land-scape contracting business.

(4) “Nursery stock” means nursery stock:(a) As defined by ORS 571.005 other than

stock grown for commercial resale or refor-estation; or

(b) As defined by the State LandscapeContractors Board by rule.

(5) “Ornamental water features” meansfountains, ponds, waterfalls, man-madestreams and other decorative water-relatedconstructions as identified by the board byrule. [1971 c.764 §2; 1973 c.832 §26; 1975 c.757 §1; 1981c.536 §22; 1983 c.452 §1; 1985 c.565 §91; 1987 c.414 §45;1997 c.785 §1; 1999 c.32 §1; 2001 c.48 §1; 2005 c.609 §10;2007 c.541 §11; 2009 c.483 §1]

(Licensure)671.525 Applicant for landscape con-

tracting business license required to beindependent contractor; classes of licens-ees. (1) An applicant for a landscape con-tracting business license must qualify as anindependent contractor, under ORS 670.600,to be licensed with the State LandscapeContractors Board.

(2) The board shall establish two classesof independent contractor licensees:

(a) The nonexempt class is composed ofthe following entities:

(A) Sole proprietorships, partnerships,corporations and limited liability companieswith one or more employees; and

(B) Partnerships, corporations and lim-ited liability companies with more than twopartners, corporate officers or members ifany of the partners, officers or members arenot part of the same family and related asparents, spouses, siblings, children, grand-children, sons-in-law or daughters-in-law.

(b) The exempt class is composed of allsole proprietorships, partnerships, corpo-rations and limited liability companies thatdo not qualify as nonexempt.

(3) All partnerships, corporations andlimited liability companies applying for alandscape contracting business license musthave a federal tax identification number.

(4) If a licensee who qualifies under sub-section (2)(b) of this section hires one ormore employees, or falls into any of the cat-egories set out in subsection (2)(a)(B) of thissection, the licensee is subject to penaltiesunder ORS 671.997 and must submit proofthat the licensee qualifies under subsection(2)(a) of this section.

(5) The decision of the board that a li-censee is an independent contractor appliesonly when the licensee is performing workof the nature described in ORS 671.520 and671.530. [1991 c.533 §6; 1997 c.337 §2; 2007 c.541 §12]

671.530 Licensing requirements; useof title; scope of landscape constructionprofessional license. (1) A person may notoperate as a landscape construction profes-sional in this state without a valid landscapeconstruction professional license issued pur-suant to ORS 671.560.

(2) A person may not represent in anymanner that the person is a landscape con-struction professional unless the person hasa valid landscape construction professionallicense issued pursuant to ORS 671.560. Theprohibition in this subsection includes, but isnot limited to:

(a) Using the title of landscape contrac-tor, landscape construction professional,landscape gardener or landscaper or anyother title using a form of the word “land-scape” that indicates or tends to indicatethat the person is a landscape constructionprofessional; and

(b) Using any sign, card or device thatindicates or tends to indicate that the personis a landscape construction professional.

(3) A person may not operate as a land-scape contracting business in this state un-less the person has a valid landscapecontracting business license issued pursuantto ORS 671.560.

(4) A person may not advertise or repre-sent in any manner that the person is alandscape contracting business unless theperson has a valid landscape contractingbusiness license issued pursuant to ORS671.560. The prohibition in this subsectionincludes, but is not limited to:

(a) Using the title of landscape business,landscaping business or landscape contract-ing business; and

(b) Using any title, sign, card or devicethat indicates or tends to indicate that theperson is a landscape contracting business.

(5) A landscape maintenance businessmay use a form of the word “landscape” inthe title of the business only if the titleclearly indicates the maintenance nature ofthe business. For purposes of this subsection,the term “landscape gardening” does not in-



dicate the maintenance nature of a landscapemaintenance business.

(6) A landscape construction professionalmay perform landscaping work only while inthe employ of a landscape contracting busi-ness licensed and bonded as required by ORS671.510 to 671.760. If the landscape construc-tion professional is the sole proprietor, thelandscape construction professional mustalso obtain a license as a landscape con-tracting business. [1971 c.764 §3; 1973 c.832 §27; 1975c.757 §2; 1979 c.840 §1a; 1983 c.452 §2; 1989 c.944 §1; 2003c.659 §1; 2007 c.541 §13]

671.540 Application of ORS 671.510 to671.760. (1) Except as provided in subsection(2) of this section, ORS 671.510 to 671.760and 671.990 (2) do not apply to:

(a) Any federal or state agency or anypolitical subdivision performing landscapingwork on public property.

(b) Any landscape architect registeredunder ORS 671.310 to 671.459 and practicingas provided under ORS 671.310 to 671.459.

(c) Landscaping work performed by alandscape maintenance business if:

(A) The landscaping work is performedfor a customer that in a calendar year re-ceives primarily landscape maintenance ser-vices from the business;

(B) The value of all labor, materials orother items supplied for landscaping work ata job site does not exceed $500 in a calendaryear; and

(C) The landscaping work is of a casual,minor or inconsequential nature, as thoseterms are defined by the State LandscapeContractors Board by rule.

(d) Installation of fences, decks, arbors,driveways, walkways or retaining walls ifperformed by a person or business licensedwith the Construction Contractors Board.

(e) Rough grading of plots and areas ofland performed in conjunction with new orremodeling construction if performed by aperson or business licensed with the Con-struction Contractors Board.

(f) Any owner of property, or employeeof an owner of property, who contracts forlandscaping work on the property to be per-formed by a person licensed under ORS671.560. The exception provided by this para-graph does not apply to a person who, inpursuit of an independent business, performsor contracts for the performance of land-scaping work with the intent of offering forsale before, upon or after completion of thelandscaping work the property upon whichthe landscaping work is performed.

(g) Any landscaping work performed bya person on property that the person owns

or in which the person has a legal interest.The exception provided by this paragraphdoes not apply to a person who, in pursuitof an independent business, performs or con-tracts for the performance of landscapingwork with the intent of offering for sale be-fore, upon or after completion of the land-scaping work the property on which thelandscaping work is performed.

(h) A residential general contractor li-censed under ORS chapter 701 who performslandscaping work if the total value of thelandscaping is less than $2,500 per residen-tial dwelling and the landscaping work isperformed on residential property for whichthe contractor is under contract for the con-struction of a new dwelling. The exceptionprovided by this paragraph does not apply tothe performance of irrigation work by a res-idential general contractor. The State Land-scape Contractors Board shall revise theamount specified in this paragraph every fiveyears, beginning in 2003, based on changes inthe Portland-Salem, OR-WA Consumer PriceIndex for All Urban Consumers for All Itemsas published by the Bureau of Labor Statis-tics of the United States Department of La-bor.

(i) A residential general contractor li-censed under ORS chapter 701 who performslandscaping work on residential propertythat is directly related to local building coderequirements or occupancy ordinances in-cluding, but not limited to, the placement ofstreet trees. The exception provided by thisparagraph does not apply to the performanceof irrigation work by a residential generalcontractor.

(j) A person engaged in making plans ordrawings for the selection, placement or useof plants or other site features, unless theplans or drawings are for the purpose ofproviding construction details and specifica-tions.

(k) Use by a person other than a land-scape construction professional of the title“landscape designer” when engaged in mak-ing plans or drawings described in paragraph(j) of this subsection.

(L) A person providing recommendationsor written specifications for soil amendmentsor planting media if the recommendations orspecifications are solely for the purpose ofplant installation.

(m) A plumbing contractor licensed underORS 447.010 to 447.156 when engaged insuperintending installation work on pipingfor an irrigation system designed by a land-scape contracting business or by a personregistered under ORS 671.310 to 671.459.

(n) A plumbing contractor licensed underORS 447.010 to 447.156 when engaged in



superintending repair or maintenance workon piping for an irrigation system.

(o) A journeyman plumber licensed underORS chapter 693 when performing an instal-lation for a plumbing contractor described inparagraph (m) of this subsection or perform-ing repair or maintenance work on piping foran irrigation system.

(p) An employee, as defined in ORS657.015, of a residential general contractorlicensed under ORS chapter 701 when per-forming work that the contractor may per-form under paragraph (h) or (i) of thissubsection.

(q) An employee of a licensed landscapecontracting business when performing workfor the business under the direct supervisionof a licensed landscape construction profes-sional.

(r) An employee of a worker leasingcompany or temporary service provider, bothas defined in ORS 656.850, when performingwork for a licensed landscape contractingbusiness under the direct supervision of a li-censed landscape construction professional.

(2) ORS 671.530 (2), (4) and (5) apply to aperson described under subsection (1) of thissection. [1971 c.764 §4; 1973 c.832 §28; 1979 c.840 §2;1981 c.536 §17; 1983 c.452 §3; 1997 c.785 §2; 1999 c.32 §2;1999 c.402 §10; 2001 c.49 §1; 2001 c.660 §54; 2003 c.14 §424;2003 c.659 §2; 2005 c.609 §11; 2007 c.541 §14; 2007 c.836§50; 2009 c.483 §§2,3]

Note: The amendments to 671.540 by section 50,chapter 836, Oregon Laws 2007, become operative July1, 2010. See section 70, chapter 836, Oregon Laws 2007.The text that is operative until July 1, 2010, includingamendments by section 2, chapter 483, Oregon Laws2009, is set forth for the user′s convenience.

671.540. (1) Except as provided in subsection (2) ofthis section, ORS 671.510 to 671.760 and 671.990 (2) donot apply to:

(a) Any federal or state agency or any politicalsubdivision performing landscaping work on publicproperty.

(b) Any landscape architect registered under ORS671.310 to 671.459 and practicing as provided under ORS671.310 to 671.459.

(c) Landscaping work performed by a landscapemaintenance business if:

(A) The landscaping work is performed for a cus-tomer that in a calendar year receives primarily land-scape maintenance services from the business;

(B) The value of all labor, materials or other itemssupplied for landscaping work at a job site does notexceed $500 in a calendar year; and

(C) The landscaping work is of a casual, minor orinconsequential nature, as those terms are defined bythe State Landscape Contractors Board by rule.

(d) Installation of fences, decks, arbors, driveways,walkways or retaining walls if performed by a personor business licensed with the Construction ContractorsBoard.

(e) Rough grading of plots and areas of land per-formed in conjunction with new or remodeling con-struction if performed by a person or business licensedwith the Construction Contractors Board.

(f) Any owner of property, or employee of an ownerof property, who contracts for landscaping work on theproperty to be performed by a person licensed underORS 671.560. The exception provided by this paragraphdoes not apply to a person who, in pursuit of an inde-pendent business, performs or contracts for the per-formance of landscaping work with the intent ofoffering for sale before, upon or after completion of thelandscaping work the property upon which the land-scaping work is performed.

(g) Any landscaping work performed by a personon property that the person owns or in which the per-son has a legal interest. The exception provided by thisparagraph does not apply to a person who, in pursuitof an independent business, performs or contracts forthe performance of landscaping work with the intent ofoffering for sale before, upon or after completion of thelandscaping work the property on which the landscap-ing work is performed.

(h) A general contractor licensed under ORS chap-ter 701 who performs landscaping work if the totalvalue of the landscaping is less than $2,500 per resi-dential dwelling and the landscaping work is performedon residential property for which the contractor is un-der contract for the construction of a new dwelling. Theexception provided by this paragraph does not apply tothe performance of irrigation work by a general con-tractor. The State Landscape Contractors Board shallrevise the amount specified in this paragraph every fiveyears, beginning in 2003, based on changes in thePortland-Salem, OR-WA Consumer Price Index for AllUrban Consumers for All Items as published by theBureau of Labor Statistics of the United States Depart-ment of Labor.

(i) A general contractor licensed under ORS chap-ter 701 who performs landscaping work on residentialproperty that is directly related to local building coderequirements or occupancy ordinances including, butnot limited to, the placement of street trees. The excep-tion provided by this paragraph does not apply to theperformance of irrigation work by a general contractor.

(j) A person engaged in making plans or drawingsfor the selection, placement or use of plants or othersite features, unless the plans or drawings are for thepurpose of providing construction details and specifica-tions.

(k) Use by a person other than a landscape con-struction professional of the title “landscape designer”when engaged in making plans or drawings describedin paragraph (j) of this subsection.

(L) A person providing recommendations or writtenspecifications for soil amendments or planting media ifthe recommendations or specifications are solely for thepurpose of plant installation.

(m) A plumbing contractor licensed under ORS447.010 to 447.156 when engaged in superintending in-stallation work on piping for an irrigation system de-signed by a landscape contracting business or by aperson registered under ORS 671.310 to 671.459.

(n) A plumbing contractor licensed under ORS447.010 to 447.156 when engaged in superintending repairor maintenance work on piping for an irrigation system.

(o) A journeyman plumber licensed under ORSchapter 693 when performing an installation for aplumbing contractor described in paragraph (m) of thissubsection or performing repair or maintenance workon piping for an irrigation system.

(p) An employee, as defined in ORS 657.015, of ageneral contractor licensed under ORS chapter 701 whenperforming work that the contractor may perform underparagraph (h) or (i) of this subsection.

(q) An employee of a licensed landscape contractingbusiness when performing work for the business underthe direct supervision of a licensed landscape construc-tion professional.



(r) An employee of a worker leasing company ortemporary service provider, both as defined in ORS656.850, when performing work for a licensed landscapecontracting business under the direct supervision of alicensed landscape construction professional.

(2) ORS 671.530 (2), (4) and (5) apply to a persondescribed under subsection (1) of this section.

671.550 Authority of board to investi-gate; confidentiality of information. (1)The State Landscape Contractors Board mayinquire into and inspect:

(a) Any services performed or materialsfurnished by a licensee under ORS 671.510 to671.760.

(b) The financial records of a person whoit reasonably believes is operating in vio-lation of ORS 671.530.

(c) The services performed or materialsfurnished by a person who it reasonably be-lieves is operating in violation of ORS671.530.

(2) Except when used for legal action orto determine a claim described in ORS671.695, the information obtained by an in-spection authorized by this section is confi-dential. However, the board shall furnishcopies of any inspection to the licensee orother person that is subjected to an inspec-tion. [1971 c.764 §5; 1979 c.840 §3; 1983 c.452 §4; 2001c.198 §1; 2007 c.149 §3]

671.555 Investigation of person en-gaged in landscape contracting business;procedures; orders to stop work. (1) TheState Landscape Contractors Board may in-vestigate the activities of any person engagedin the landscape contracting business to de-termine compliance with ORS 671.510 to671.760.

(2) With the approval of the city orcounty, the board may conduct investigationswith city or county inspectors, provided thatthe city or county is reimbursed by the boardfor the costs of such investigations.

(3) Any inspector or investigator author-ized by the board to determine compliancewith ORS 671.510 to 671.760 may require anyperson who is engaged in any activity regu-lated by ORS 671.510 to 671.760 to demon-strate proof of compliance with the licensingrequirements of ORS 671.510 to 671.760. If aperson who is contracting directly with theowner of the property does not demonstrateproof of compliance with the licensing re-quirements of ORS 671.510 to 671.760, theinspector or investigator may give notice ofnoncompliance to the person. The notice ofnoncompliance shall be in writing, shall spe-cifically state that the person is not in com-pliance with the licensing requirements ofORS 671.510 to 671.760 and shall provide thatunless the person demonstrates proof ofcompliance within two days of the date ofthe notice, the inspector or investigator may

by order stop all work then being done bythe person. The notice of noncomplianceshall be served upon the person and shall beserved upon or delivered to the owner ofeach property upon which the person is thenperforming work under contract. If morethan one person is the owner of any suchproperty, a copy of the notice need be givento only one of such persons. If after receiptof the notice of noncompliance the personfails within the two-day period specified inthe notice to demonstrate proof of compli-ance with the licensing requirements of ORS671.510 to 671.760, the inspector or investi-gator may order the work stopped by noticein writing served on any persons engaged inthe activity. Any person so notified shall stopsuch work until proof of compliance is dem-onstrated. However, the inspector or investi-gator may not order the work stopped untilat least two days after the copies of the no-tice of noncompliance have been served uponor delivered to the owners.

(4) Notwithstanding subsection (3) of thissection, the board may order landscapingwork stopped immediately if the landscapecontracting business working on a worksitecannot demonstrate that the business hasbeen licensed by the board at any timewithin the two years immediately precedingwork on the worksite.

(5) The board has the power to adminis-ter oaths, issue notices and subpoenas in thename of the board, compel the attendance ofwitnesses and the production of evidence,hold hearings and perform such other actsas are reasonably necessary to carry out itsduties under ORS 671.510 to 671.760.

(6) If any person fails to comply with asubpoena issued under subsection (5) of thissection or refuses to testify on matters onwhich the person may be lawfully interro-gated, the board shall compel obedience inthe manner provided in ORS 183.440. [1991c.533 §5; 1999 c.33 §1; 2007 c.399 §2; 2007 c.541 §15a]

671.557 Injunctive relief. In addition toany other remedy available, if the StateLandscape Contractors Board believes that aperson has engaged in, is engaging in or isabout to engage in any act, practice ortransaction that violates ORS 671.510 to671.760, the board may direct the AttorneyGeneral to apply to the court for an injunc-tion to restrain the person from engaging inthe act, practice or transaction. [2005 c.609 §5]

671.560 Issuance of license; applicationform; limited or specialty license; rules;exemption. (1) Except as provided in ORS671.571 and 671.590, the State LandscapeContractors Board shall issue a landscapeconstruction professional license to an appli-cant who satisfies the requirements of ORS671.570.



(2) The board shall issue a landscapecontracting business license to an applicantwho satisfies the requirements of the board.

(3) An applicant for a license under thissection shall apply to the board upon a formfurnished by the board and give such infor-mation as the board considers necessary.

(4)(a) The board may issue a limited orspecialty license if the applicant is requiredto have a landscape construction professionallicense or landscape contracting business li-cense but is not qualified or required to belicensed for all phases of landscape work.

(b) The board may adopt rules to limit orrestrict the landscape work performed byprobationary landscape construction profes-sionals.

(5) A landscape contracting business thatqualifies for the exemption described in ORS571.045 shall indicate on its license applica-tion or license renewal application underthis section the reasons the business quali-fies for the exemption. [1971 c.764 §6; 1975 c.757§4; 1983 c.452 §5; 1999 c.535 §4; 2007 c.111 §3; 2007 c.541§16a]

671.563 Applicant notice of unpaidjudgments, awards and orders; rules. Anapplicant for the issuance or renewal of alandscape construction professional licenseor landscape contracting business licenseshall include in the application to the StateLandscape Contractors Board notice of anyunpaid court judgment, arbitration award oradministrative agency final order entered orissued in any jurisdiction that requires theapplicant to pay damages arising out of theperformance of, or a contract for, landscap-ing work. The board may adopt rules thatrequire an applicant to provide additionalinformation regarding a judgment, arbi-tration award or agency final order describedin this section and the status of any appealor exceptions. [2007 c.151 §2; 2007 c.541 §28a]

671.565 Landscape contracting busi-ness license requirements; fees; em-ployees; filing of security; insurance;basis for independent contractor status.(1) Each person applying for a landscapecontracting business license must:

(a) Pay to the State Landscape Contrac-tors Board the applicable landscape con-tracting business license fee established bythe board under ORS 671.650.

(b) Have a landscape construction pro-fessional license or employ at least one per-son with a landscape constructionprofessional license to supervise the land-scaping operation of the business.

(c) Submit the names of all employeeswho are licensed landscape construction pro-fessionals.

(d) File with the board a form of securityacceptable under ORS 671.690.

(e) File with the board a certificate ofpublic liability, personal injury and propertydamage insurance covering the work of thelandscape contracting business that is sub-ject to ORS 671.510 to 671.760 for an amountnot less than $100,000.

(f) Indicate, as set forth in ORS 670.600,the basis under which the applicant qualifiesas an independent contractor.

(2) At the time of application for a li-cense, for renewal of a license in active sta-tus or for return of a license to active status,the landscape contracting business shall pro-vide evidence satisfactory to the board thatthe public liability, personal injury andproperty damage insurance required by sub-section (1)(e) of this section is in effect.During a license period, the landscape con-tracting business shall provide, to the extentrequired by the board, satisfactory evidenceof continued public liability, personal injuryand property damage insurance coverage.[1983 c.452 §8; 1991 c.533 §1; 2005 c.609 §12; 2007 c.399§3; 2007 c.541 §17a]

671.568 Inactive status for landscapecontracting business license. (1) If a li-censed landscape contracting business is notoperating as a landscape contracting busi-ness, the State Landscape Contractors Boardmay, upon request, place the license of thelandscape contracting business in inactivestatus.

(2) A landscape contracting business ininactive status remains subject to board ju-risdiction and is required to comply with therequirements for a landscape contractingbusiness other than the security requirementunder ORS 671.690 and the insurance re-quirements under ORS 671.565.

(3) A landscape contracting business thatis in inactive status may not:

(a) Perform work as a landscape con-tracting business;

(b) Offer or provide for the performanceof landscaping work as a landscape contract-ing business; or

(c) Obtain a building permit for work in-volving landscaping work by the landscapecontracting business.

(4) A landscape contracting business li-cense may not be placed or maintained ininactive status more than once during a li-censing period. [2005 c.609 §2; 2007 c.541 §18]

671.570 Qualifications for landscapeconstruction professional license; fee;rules. (1) Each person applying for a land-scape construction professional license must:

(a) Pay a nonrefundable application fee.(b) Pay an examination fee.



(c) Pay to the State Landscape Contrac-tors Board the landscape construction pro-fessional license fee required by ORS 671.650.

(d) Pass an examination, which the boardshall offer at least once each six months, todetermine the fitness of the applicant for li-censing and within 10 years before the daythe application for a license is made:

(A) Have at least 24 months of employ-ment with a landscape contracting business;or

(B) Have at least 12 months of employ-ment with a landscape contracting businessand one full year of training in an area re-lated to landscaping at an accredited schoolor college.

(e) Be employed by, or own, a landscapecontracting business if performing landscap-ing work.

(2) Notwithstanding subsection (1) of thissection, the board may adopt rules allowinga person who does not meet the educationand experience requirements in subsection(1)(d) of this section to substitute other edu-cation and experience that demonstrate thefitness of the person for licensing as a land-scape construction professional. [1971 c.764 §7;1973 c.832 §29; 1975 c.757 §5; 1979 c.840 §4; 1983 c.452 §6;1985 c.565 §92; 1987 c.414 §45a; 1997 c.327 §1; 2001 c.409§5; 2007 c.111 §4; 2007 c.399 §6; 2007 c.541 §19b]

671.571 Probationary license. (1) Not-withstanding ORS 671.570, the State Land-scape Contractors Board may issue aprobationary landscape construction profes-sional license to a person who does not meetthe training and experience qualifications setforth in ORS 671.570. To obtain a probation-ary landscape construction professional li-cense, the person must:

(a) Pay a nonrefundable application fee;(b) Pay an examination fee;(c) Pay to the board the landscape con-

struction professional license fee required byORS 671.650; and

(d) Pass all sections of the examinationdescribed in ORS 671.570 within 12 monthsafter first taking the examination.

(2) Two or more years after receiving aprobationary landscape construction profes-sional license, a probationary landscape con-struction professional may obtain removalfrom probationary status and issuance of alandscape construction professional license ifthe probationary landscape construction pro-fessional presents the board with proof thatthe probationary landscape construction pro-fessional has done any of the following:

(a) Completed at least 24 months of em-ployment with a licensed landscape contract-ing business under the direct supervision ofa landscape construction professional.

(b) Provided supervision described inORS 671.540 (1)(q) or 671.565 (1)(b) for atleast 24 months as the owner or employee ofa licensed landscape contracting businessthat, during that period:

(A) Filed and maintained with the boarda bond, letter of credit or deposit in theamount of $15,000; and

(B) Performed landscaping work only onlandscaping projects where the amountcharged by the landscape contracting busi-ness for work on the project during any12-month period did not exceed $15,000.

(c) Actively operated for at least 24months as a construction contractor licensedunder ORS chapter 701.

(3) Except as provided in this section andORS 671.560 and as the board may provideby rule, a probationary landscape construc-tion professional licensed under this sectionis for all purposes a landscape constructionprofessional licensed under ORS 671.560.[2007 c.111 §2; 2007 c.399 §5; 2007 c.541 §19d; 2009 c.483§4]

671.572 Alternative licensing stan-dards for person licensed as constructioncontractor. Notwithstanding the provisionsof ORS 671.570 regarding experience andemployment status, the State LandscapeContractors Board may adopt alternativestandards for licensure with the board for aperson who is already licensed as a contrac-tor under ORS chapter 701. [1997 c.785 §5; 1999c.402 §11]

671.574 Inactive status for landscapeconstruction professional license. (1) If alandscape construction professional is notoperating as a landscape construction pro-fessional, the State Landscape ContractorsBoard may, upon request, place the licenseof the landscape construction professional ininactive status.

(2) A landscape construction professionalin inactive status remains subject to boardjurisdiction, licensing requirements and fees.

(3) A landscape construction professionalthat is in inactive status may not perform orsupervise work as a landscape constructionprofessional.

(4) A landscape construction professionallicense may not be placed or maintained ininactive status more than once during a li-censing period. [2005 c.609 §3; 2007 c.541 §20]

671.575 License required to obtain ju-dicial or administrative remedy; excep-tion. (1) A landscape contracting businessmay not file a lien, file a claim with theState Landscape Contractors Board or bringor maintain in any court of this state a suitor action for compensation for the perform-ance of any work or for the breach of anycontract for work that is subject to ORS



671.510 to 671.760 and 671.997, unless thelandscape contracting business was:

(a) Licensed under ORS 671.510 to671.760 at the time the landscape contractingbusiness bid or entered into the contract forperformance of the work; and

(b) Licensed continuously while perform-ing the work for which compensation issought.

(2) If the court determines that the land-scape contracting business was not aware ofthe requirement that the business be li-censed, a court may choose not to applysubsection (1) of this section if the courtfinds that to do so would result in a sub-stantial injustice to the unlicensed landscapecontracting business.

(3) If a landscape contracting businessfalsely swears to information provided underORS 671.560 or 671.565 or knowingly violatesthe provisions of ORS 656.029, 670.600,671.560 or 671.565, the landscape contractingbusiness may not file a lien, file a claim withthe State Landscape Contractors Board orbring or maintain in any court of this statea suit or action for compensation for theperformance of any work or for the breachof any contract for work that is subject toORS 671.510 to 671.760 and 671.997. [1991 c.533§7; 2007 c.541 §21]

671.578 Suit for damages for misrep-resentation; attorney fees. If any personsuffered costs or damages as a result of anindividual providing a false or invalid StateLandscape Contractors Board number orotherwise misleading a person with respectto licensing with the board, that person maybring suit in a court of competent jurisdic-tion to recover damages. The court mayaward reasonable attorney fees to the pre-vailing party in an action under this section.[1991 c.533 §8; 1995 c.618 §119]

671.580 Landscape construction pro-fessional license not transferable. A land-scape construction professional licenseissued pursuant to ORS 671.560 is a personalprivilege and is not transferable. [1971 c.764§8; 1983 c.452 §9; 2007 c.541 §22]

671.590 Reciprocal landscape con-struction professional licensing. The StateLandscape Contractors Board may licensewithout examination any person who is alandscape construction professional licensed,certified or registered under the laws of an-other state, territory of the United States,the District of Columbia or another countrywhere the requirements on the date the ap-plicant was licensed, certified or registeredwere substantially equal to the requirementsfor licensing of landscape construction pro-fessionals in this state on the date of appli-cation by the person. [1971 c.764 §9; 1973 c.832 §30;1975 c.757 §6; 1979 c.840 §5; 1983 c.452 §10; 2007 c.541 §23]

671.595 Coursework and examinationrequirements for noncontractor ownersand managing employees; notice of dutychanges; rules. (1) As used in this section:

(a) “Managing employee” means a personwho, at the time of an application for the is-suance or renewal of a landscape contractingbusiness license:

(A) Is employed in landscaping work onlyby the applicant; and

(B) Manages or shares in the manage-ment of the applicant, as defined by the StateLandscape Contractors Board by rule.

(b) “Owner” means a person who at thetime of an application for the issuance orrenewal of a landscape contracting businesslicense:

(A) Has an ownership interest in the ap-plicant; and

(B) Manages or shares in the manage-ment of the applicant, as defined by theboard by rule.

(2) If an applicant for a landscape con-tracting business license does not have atleast one owner or managing employee whois licensed as a landscape construction pro-fessional under ORS 671.560, the applicantshall provide the board with proof that anowner or managing employee has completedrequired courses described in subsection (4)of this section and passed an examination onthe subject of those courses.

(3) The board may adopt rules to requirea landscape contracting business and anyowner or managing employee to provide theboard with notice of any change in the em-ployment or duties of the owner or managingemployee.

(4) The board shall adopt rules establish-ing required courses for an owner or manag-ing employee who seeks to qualify thebusiness for a landscape contracting businesslicense, but who is not licensed as a land-scape construction professional. The coursesrequired by the board shall be designed toeducate the owner or managing employee re-garding business practices and Oregon lawsaffecting landscape contracting businesses.The board may not require an owner ormanaging employee to take a total of morethan 16 hours of instruction.

(5) When adopting rules to carry outsubsection (4) of this section, the board shallconsider the availability of courses in theregions of this state. The board shall en-courage course providers to use the mostup-to-date technology to make courses widelyavailable.

(6) A course provider may submit infor-mation regarding course materials, examina-tions and instructor qualifications to the



board for approval. The board shall approvecourses if the course materials, examinationsand instructors meet board requirements.The board shall periodically review approvedcourses to ensure continuing compliancewith board requirements. The board shalldevelop and make available a list of provid-ers that offer courses that will enable anowner or managing employee to comply withthe requirements of subsection (2) of thissection. [2007 c.249 §2; 2009 c.11 §84]

Note: Sections 4 and 5, chapter 249, Oregon Laws2007, provide:

Sec. 4. If a licensed landscape contracting businessdoes not have at least one owner or managing em-ployee, both as defined in ORS 671.595, who is licensedas a landscape construction professional under ORS671.560, and the landscape contracting business licensewas initially issued by the State Landscape ContractorsBoard on or after January 1, 2008, and before January1, 2009, upon applying to renew that license the appli-cant shall provide the board with proof that an owneror managing employee has completed required coursesdescribed in ORS 671.595 and passed an examination onthe subject of those courses. [2007 c.249 §4; 2009 c.11§86]

Sec. 5. Section 4 of this 2007 Act is repealed Jan-uary 2, 2012. [2007 c.249 §5]

671.600 New landscape contractingbusiness license required upon change ofownership; notification of change of ad-dress. (1) A new landscape contracting busi-ness license shall be required whenever thereis a change in ownership, irrespective ofwhether the business name is changed. Asused in this subsection, “change in owner-ship” does not include a change in the hold-ers of corporate stock.

(2) If a licensee moves to another lo-cation, relicensing is not required but the li-censee must notify the State LandscapeContractors Board promptly of the new ad-dress. [1971 c.764 §10; 1973 c.832 §31; 1987 c.461 §1; 2007c.541 §24]

671.603 Persons required to give no-tification of change of address; commu-nications delivered to last-knownaddress. (1) A landscape construction pro-fessional or person operating as a landscapecontracting business shall notify the StateLandscape Contractors Board of a change ofaddress for the professional or business thatoccurs while the professional or business islicensed by the board or within one year af-ter a license expires. The landscape con-struction professional or landscapecontracting business shall ensure that theboard receives notice of the change of ad-dress no later than the 10th day after thechange of address occurs.

(2) Initial notice of a contested case orarbitration directed by the board to the last-known address of record for a landscapeconstruction professional or landscape con-tracting business is considered delivered to

the professional or business when depositedin the United States mail and sent regis-tered, certified or post office receipt secured.Any other communication directed by theboard to the last-known address of record fora landscape construction professional orlandscape contracting business is considereddelivered to the professional or businesswhen deposited in the United States mail,regular mail. [2001 c.409 §14; 2005 c.609 §13; 2007c.541 §25]

671.605 Effect of change in partnersor corporate owners; fee. A partnership orcorporation licensed as a landscape contract-ing business shall notify the State LandscapeContractors Board immediately upon anychange in partners or corporate owners or inthe percentage of an ownership interest inthe landscape contracting business. Upon achange in partners, a licensed partnershipimmediately shall apply for a new licenseand pay to the board the fee required by ORS671.650 for an original license. [1983 c.452 §11;2007 c.541 §26]

671.607 License refusal or suspensionfor landscape contracting business debt;rules. (1) As used in this section:

(a) “Landscape contracting businessdebt” means an amount owed under:

(A) A final order or arbitration award is-sued under ORS 671.703; or

(B) A judgment or civil penalty arisingfrom landscape contracting business activ-ities in any state.

(b) “Landscape contracting business li-cense” means a license issued within theUnited States to engage in a landscape con-tracting business.

(c) “Officer” means any of the followingpersons:

(A) A president, vice president, secretary,treasurer or director of a corporation.

(B) A general partner in a limited part-nership.

(C) A manager in a manager-managedlimited liability company.

(D) A member of a member-managed lim-ited liability company.

(E) A trustee.(F) A person qualifying as an officer un-

der board rules. The definition of officeradopted by board rule may include personsnot listed in this paragraph who may exer-cise substantial control over a business.

(d) “Owner” means a sole proprietor of,general partner in or holder of a controllinginterest in a business, or a person defined asan owner by board rule.

(2) The board shall adopt rules definingan owner for purposes of subsection (1) of



this section. The rules may not define anowner in a manner that includes an investorwho has no right to manage a business, in-cluding but not limited to:

(a) A person who is solely a minorityshareholder in a corporation;

(b) A member of a manager-managed lim-ited liability company; or

(c) A limited partner in a limited part-nership who does not participate in the con-trol of the business of the limitedpartnership.

(3) The board may suspend or refuse toissue a landscape contracting business li-cense if:

(a) The business owes a landscape con-tracting business debt or has had a landscapecontracting business license revoked;

(b) An owner or officer of the landscapecontracting business owes a landscape con-tracting business debt or has had a landscapecontracting business license revoked; or

(c) An owner or officer of the landscapecontracting business was an owner or officerof another business at the time the otherbusiness incurred a landscape contractingbusiness debt that is owing or at the time ofan event that resulted in the revocation ofthe other business′s landscape contractingbusiness license.

(4) The board may hold the suspension orrefusal of a license under subsection (3) ofthis section in abeyance if the person owinga landscape contracting business debt is ad-hering to a board-approved plan for restitu-tion of the amount owed. [2005 c.609 §7; 2007 c.149§4; 2007 c.541 §27]

671.610 Grounds for sanctions againstlicensee; suspension or refusal of licensewithout prior hearing; hearing; effect ofrevocation; civil penalty; rules. (1) In ad-dition to any civil penalty assessed underORS 671.997, the State Landscape Contrac-tors Board may suspend, revoke or refuse toissue or renew the license of a landscapeconstruction professional or landscape con-tracting business that does any of the fol-lowing:

(a) Obtains or attempts to obtain a li-cense under ORS 671.510 to 671.760 by fraudor material misrepresentation.

(b) Makes a material misrepresentationabout the quality of any material or servicethe person provides.

(c) Performs defective work.(d) Furnishes defective materials.(e) Makes misleading statements when

advertising services or materials.(f) Violates a provision of ORS 671.510 to

671.760.

(g) Fails to have a replacement bond,letter of credit or deposit on file at the timeof a termination, cancellation, reduction orwithdrawal of the bond, letter of credit ordeposit required by ORS 671.690.

(h) Fails to maintain public liability, per-sonal injury and property damage insuranceas required by ORS 671.565 throughout a li-censing period.

(i) Violates a voluntary complianceagreement entered into under ORS 646.605 to646.652.

(j) Performs work for which a permit isrequired under the state building code with-out obtaining the required permit, if thework results in the filing of a claim with theboard.

(k) Violates a rule or order of the board.(L) Refuses to comply with a subpoena

issued by the board.(m) Fails to pay in full any amount owed

to a claimant under a final order of theboard or an arbitration award, or under ajudgment rendered in this or any other state.

(n) Does not make payment, includingany interest due, for labor or materials con-tracted for by the person pursuant to a con-tract for a public improvement within 90days after the date the person receives pay-ment from a public contracting agency or, ifthe person is a subcontractor, from the con-tractor.

(o) Engages in conduct as a landscapeconstruction professional or landscape con-tracting business that is dishonest orfraudulent or that the board finds injuriousto the welfare of the public.

(p) Fails to comply with the requirementsof ORS 652.120.

(q) Is convicted of a crime under ORS163.115, 163.185, 163.225, 163.235, 163.355,163.365, 163.375, 163.385, 163.395, 163.405,163.408, 163.411, 163.415, 163.425, 163.427,164.055, 164.075, 164.325 or 164.415, providedthat the facts supporting the conviction andall intervening circumstances make the de-termination to suspend, revoke or refuse toissue or renew the license consistent withORS 670.280.

(2) The board may suspend or refuse torenew the license of a landscape construc-tion professional or landscape contractingbusiness without prior hearing if, after in-vestigating and setting forth in writing thefacts supporting the action, the board deter-mines that continued activity by the land-scape construction professional or landscapecontracting business poses an imminentthreat of serious harm to the public welfare.Facts sufficient to support a suspension or



refusal to renew under this subsection in-clude, but are not limited to:

(a) The lack of a surety bond, letter ofcredit or deposit required under ORS 671.690;

(b) The lack of public liability, personalinjury or property damage insurance re-quired under ORS 671.565;

(c) The hiring of employees while li-censed as exempt under ORS 671.525;

(d) Conduct as a landscape constructionprofessional or a landscape contracting busi-ness that is dishonest;

(e) Operation of a landscape contractingbusiness that does not employ at least onelicensed landscape construction professional;or

(f) The failure to notify the board of anyunpaid court judgment, arbitration award oradministrative agency final order as requiredby ORS 671.563.

(3) A person whose license is suspendedor refused renewal under subsection (2) ofthis section may request a hearing within 90days after receiving the notice of the sus-pension or refusal to renew. Except as pro-vided in this subsection, the board shall givea contested case hearing requested underthis subsection priority over other hearingsand schedule the hearing for the earliestpracticable date. If a citation is issued to theperson and the order of suspension or refusalto renew will terminate by its terms if acourt renders a final judgment regarding thecitation in favor of the person, the personmay request that the board hold the re-quested contested case hearing in abeyanceuntil after the court has rendered a finaljudgment.

(4) A person whose license is revokedunder this section is not eligible to apply fora license under ORS 671.510 to 671.760 untiltwo years after the effective date of the re-vocation.

(5) The board may suspend, revoke or re-fuse to reissue the license of a landscapecontracting business, and may impose a civilpenalty, all as provided under ORS 671.997(4), if the board determines, after notice andopportunity for a hearing, that the landscapecontracting business was working with otherlandscape contracting businesses on thesame task and work site where one of thelandscape contracting businesses is licensedas an exempt independent contractor underORS 671.525 (2)(b) and the total number oflandscape contracting businesses working onthe task exceeded:

(a) Two sole proprietors;(b) One partnership;(c) One corporation; or

(d) One limited liability company.(6) The board shall provide by rule a

process and criteria that must be met forrestoration of a license that has not beenpermanently revoked. [1971 c.764 §11; 1981 c.536§23; 1987 c.461 §2; 1989 c.944 §2; 1995 c.645 §1; 1997 c.337§3; 2001 c.924 §26; 2005 c.609 §14; 2007 c.151 §4; 2007 c.541§28; 2009 c.11 §87]

671.613 Sanction for failure to complywith certain laws; civil penalty. (1) Thefailure of a landscape contracting business tocomply with the provisions of this sectionand ORS 279C.800 to 279C.870, 656.021,657.665, 670.600, 671.525, 671.530 and 671.575or to be in conformance with the provisionsof ORS 279.835 to 279.855 or ORS chapter279A, 279B, 279C, 316, 571, 656 or 657 is abasis for suspension of the landscape con-tracting business license, revocation of thelandscape contracting business license, re-fusal to issue or reissue a landscape con-tracting business license, assessment of acivil penalty as set forth in ORS 671.997 ora combination of these sanctions.

(2) Any action against a landscape con-tracting business under this section shall beconducted in conformance with the pro-visions of ORS 183.413 to 183.497. [1991 c.533§9; 1999 c.535 §5; 2001 c.108 §2; 2003 c.794 §315; 2007 c.541§29]

671.614 Placement on probation; con-ditions; failure to fulfill conditions. (1)The State Landscape Contractors Board mayissue an order placing a landscape contract-ing business, or any landscape constructionprofessional that is employed by the land-scape contracting business or is a landscapecontracting business owner or officer as de-fined in ORS 671.607, on probation if threeor more claims are filed against the land-scape contracting business′s bond, letter ofcredit or deposit within a 12-month period.

(2) The board may place a landscapecontracting business or landscape construc-tion professional on probation under thissection only if the board determines after in-vestigation of the complaints that a signif-icant likelihood exists that continued activityby the landscape contracting business orlandscape construction professional withoutboard supervision will result in additionalclaims against the landscape contractingbusiness.

(3) The board may require as a conditionof probation imposed under this section thatthe landscape construction professional takea board-approved education course in one ormore subjects relating to landscape oper-ations.

(4) The board may require as a conditionof probation imposed under this section thatthe owner or officer of the landscape con-tracting business take a board-approved edu-



cation course in one or more subjectsrelating to landscape contracting business orgeneral business practices.

(5) The board may take action to sus-pend, revoke or refuse to renew the licenseof the landscape contracting business orlandscape construction professional if thebusiness or professional fails to fulfill theconditions of the probation. [2005 c.609 §4; 2007c.541 §30; 2009 c.11 §88]

671.615 Installation of backflow as-semblies; qualification rules. The StateLandscape Contractors Board may license alandscape construction professional to installbackflow assemblies for irrigation systemsand ornamental water features. The board,by rule, shall establish qualifications for is-suance of a license under this section. Alandscape construction professional may in-stall a backflow assembly only if the land-scape construction professional is licensedunder this section and is the owner of, oremployed by, a licensed landscape contract-ing business. A landscape construction pro-fessional installing a backflow assembly maytap into the potable water supply only at apoint after the connection between the watersystem and the customer, as that connectionis defined in ORS 448.115. [1987 c.561 §2; 1989c.944 §3; 1995 c.645 §2; 2001 c.181 §2; 2005 c.609 §15; 2007c.541 §31]

671.617 Examination for backflow as-sembly installer license. The State Land-scape Contractors Board shall consult withthe State Plumbing Board in developing anywritten and practical examinations for back-flow assembly installer licenses. [1989 c.944 §4;2005 c.609 §16]

671.620 [1971 c.764 §12; repealed by 1987 c.461 §9]

671.625 Minimum standards for con-tracts and billings; rules; compliance; ef-fect of noncompliance. (1) The StateLandscape Contractors Board shall by ruleadopt minimum standards for written con-tracts and billings of the landscape contract-ing businesses. The standards shall set forthrequirements for information that must becontained in contracts and billings. The in-formation required shall be any informationthe board determines is necessary to provideprotection for consumers of the services andmaterials provided by landscape contractingbusinesses.

(2) Work by a landscape contractingbusiness subject to ORS 671.510 to 671.760shall only be performed subject to a writtencontract. Any contract or billing for suchwork must conform to the standards adoptedunder subsection (1) of this section.

(3) A contract that does not substantiallycomply with this section may not be enforcedby a landscape contracting business in any

court or other proceedings within this state.[1979 c.840 §13; 1983 c.452 §12; 2007 c.541 §32]

671.628 [1991 c.533 §4; repealed by 2001 c.108 §4]

(Landscape Contractors Board)671.630 State Landscape Contractors

Board; members. The State LandscapeContractors Board shall operate as a semi-independent state agency subject to ORS182.456 to 182.472 for purposes of carryingout the provisions of ORS 671.510 to 671.760,671.990 (2) and 671.997. The board shall con-sist of seven members appointed by the Gov-ernor. The Governor shall makeappointments to the board from all segmentsof the landscape contracting industry. Atleast two board members must be publicmembers. [1971 c.764 §14; 1973 c.832 §32; 1975 c.757§7; 1981 c.536 §24; 1987 c.414 §46; 1993 c.744 §192; 2001c.409 §6]

671.640 [1971 c.764 §15; 1973 c.832 §33; repealed by1975 c.757 §8]

671.650 License fees. (1) The StateLandscape Contractors Board shall establishfees, including but not limited to annuallandscape construction professional licensefees and annual landscape contracting busi-ness license fees.

(2) The license fee for an out-of-statelandscape contracting business operating inOregon must be the same as for an Oregonlandscape contracting business. [1971 c.764 §17;1973 c.832 §34; 1981 c.536 §25; 1983 c.452 §13; 1989 c.450§1; 1997 c.327 §2; 2001 c.409 §7; 2007 c.541 §33]

671.655 Deposit of moneys. Except asthe State Landscape Contractors Board mayotherwise provide under ORS 182.462 (5), theboard shall deposit moneys received as feesor civil penalties into the account created bythe board pursuant to ORS 182.470. [2005 c.609§6]

671.660 Renewal of licenses; effect oflapse; penalty fees. (1) The fee for renewalof a license issued under ORS 671.510 to671.760 shall be paid annually on or beforethe last day of the month of the anniversaryof issuance.

(2) The State Landscape ContractorsBoard may not issue a new license to a per-son who has been previously licensed underORS 671.510 to 671.760 and whose license hasexpired, unless the person makes written ap-plication on a form approved by the boardand pays the required annual fee. The boardmay require the person to also pay a penaltyfee.

(3) If a license lapses for two years ormore, the person must reapply as for initialissuance of the license.

(4) When a landscape contracting busi-ness renews its license, the business mustsubmit the names of all employees who are



licensed landscape construction profes-sionals.

(5) When a person renews a landscapeconstruction professional license, the personmust:

(a) Submit the name of the employer ifthe person is currently performing landscap-ing work; and

(b) Demonstrate that the person hascomplied with the continuing education re-quirement adopted by the board. [1971 c.764 §18;1973 c.832 §35; 1977 c.873 §5; 1983 c.452 §14; 2001 c.409§8; 2007 c.550 §§3,6]

671.670 Rulemaking authority. In ac-cordance with any applicable provision ofORS chapter 183, the State Landscape Con-tractors Board may adopt rules the boardconsiders reasonable for the administrationand enforcement of ORS 671.510 to 671.760and 671.997. [1971 c.764 §19; 1981 c.536 §26; 2005 c.609§17]

671.675 [1987 c.461 §7; repealed by 1995 c.645 §6]

671.676 Continuing education; rules.(1) The State Landscape Contractors Boardshall adopt rules establishing continuing ed-ucation requirements for landscape construc-tion professionals. The board may not requirelandscape construction professionals to takemore than 10 hours of continuing educationevery year.

(2) The board may approve programs forpurposes of continuing education for land-scape construction professionals and deter-mine the number of hours to be credited tothe programs. The board shall ensure thatcontinuing education opportunities for land-scape construction professionals are readilyavailable.

(3) Programs approved by the board forcontinuing education purposes must be de-signed to directly contribute to the profes-sional competency of landscape constructionprofessionals. Approved programs may in-clude, but need not be limited to:

(a) Professional development programsand technical meetings of professional asso-ciations for landscape contracting businessesor for related industries such as pesticideapplication or irrigation auditing;

(b) University or college courses relatedto landscaping or horticulture;

(c) Professional staff training programsby associations of landscape constructionprofessionals; and

(d) Online or other forms of educationalprograms.

(4) The board may adopt rules establish-ing grounds for obtaining a waiver of thecontinuing education requirements for land-scape construction professionals. The boardmay not allow a waiver for more than two

consecutive years except for a waiver due tomilitary service, retirement, disability, ab-sence from the state, inactive status or ex-treme hardship. [2007 c.550 §2; 2007 c.550 §5]

671.680 [1971 c.764 §21; repealed by 1975 c.757 §8]

671.681 Advisory and technical com-mittees. (1) To aid and advise the StateLandscape Contractors Board in the per-formance of the functions of the board, theboard administrator may establish such advi-sory and technical committees as the admin-istrator considers necessary. Thesecommittees may be continuing or temporary.The administrator shall determine the repre-sentation, membership, terms and organiza-tion of the committees and shall appointtheir members. The administrator is an exofficio member of each committee.

(2) Members of the committees are notentitled to compensation, but the board mayfix and pay to the committee members fromthe funds available to the board per diem andactual and necessary travel and other ex-penses incurred by the committee membersin the performance of their official duties.[2007 c.399 §1]

Note: 671.681 was enacted into law by the Legisla-tive Assembly but was not added to or made a part ofORS chapter 671 or any series therein by legislativeaction. See Preface to Oregon Revised Statutes for fur-ther explanation.

(Claims)671.690 Surety bond, letter of credit

or other security. (1) An applicant for a li-cense as a landscape contracting businessshall file with the State Landscape Contrac-tors Board a surety bond with one or morecorporate sureties authorized to do businessin this state, or an irrevocable letter ofcredit issued by an insured institution, asdefined in ORS 706.008. The amount of thebond or letter of credit shall be:

(a) $3,000 for an applicant, unless the ap-plicant is described in paragraph (b), (c) or(d) of this subsection.

(b) $10,000 for an applicant who, not inconjunction with the performance of land-scaping work, constructs fences, decks,arbors, patios, landscape edging, driveways,walkways or retaining walls, unless the ap-plicant is made subject to paragraph (d) ofthis subsection by work on other jobs per-formed by the applicant.

(c) $10,000 for an applicant who chargesmore than $10,000, but less than $25,000, fora landscape job.

(d) $15,000 for an applicant who charges$25,000 or more for a landscape job.

(2) The bond or letter of credit requiredunder subsection (1) of this section shall beconditioned that the applicant pays:



(a) All taxes and contributions due to theState of Oregon;

(b) All persons furnishing labor or mate-rial, or renting or supplying equipment to thelandscape contracting business;

(c) All amounts that may be adjudgedagainst the landscape contracting businessby reason of negligent or improper work orbreach of contract in performing any worksubject to ORS 671.510 to 671.760; and

(d) All amounts from the bond, letter ofcredit or deposit the board orders paid underORS 671.703.

(3) In lieu of the surety bond or letter ofcredit required under subsection (1) of thissection, the landscape contracting businessmay file with the board, under the sameterms and conditions as when a bond is filed,a deposit in cash or negotiable securities ac-ceptable to the board.

(4) The bond, letter of credit or depositrequired by this section must be contin-uously on file with the board in the amountrequired by this section and is for the exclu-sive purpose of payment of final orders andarbitration awards in accordance with ORS671.703. Upon termination or cancellation ofthe bond, withdrawal of the deposit or re-duction of the bond, letter of credit or de-posit to less than the required amount, thelicensee shall immediately:

(a) File a replacement bond, letter ofcredit or deposit; or

(b) Surrender the license to the boardand cease operating as a landscape contract-ing business.

(5) If the cost of a project makes, orforeseeably will make, a licensee subject toa higher bond or letter of credit requirementunder subsection (1) of this section, the li-censee shall immediately file additionalbonds, letters of credit or deposits to meetthe higher requirements.

(6) The landscape contracting business isresponsible for all work that is subject toORS 671.510 to 671.760. [1973 c.832 §29b; 1979 c.840§6; 1983 c.452 §15; 1991 c.331 §103; 1995 c.645 §3; 1997c.631 §520; 1999 c.32 §3; 2001 c.198 §2; 2005 c.609 §18; 2007c.149 §5; 2007 c.541 §35]

671.695 Types of claims. A claimagainst a licensed landscape contractingbusiness is payable from the bond, letter ofcredit or deposit required of the landscapecontracting business under ORS 671.690 onlyif the claim arises from the performance, ora contract for the performance, of work thatis subject to ORS 671.510 to 671.760. Theclaim must be of one or more of the follow-ing types:

(1) A claim against the landscape con-tracting business by the property owner orthe owner′s agent for any of the following:

(a) Negligent work.(b) Improper work.(c) Breach of contract.(2) A claim against the landscape con-

tracting business by the property owner orthe owner′s agent to discharge, or to recoupfunds expended in discharging, a lien estab-lished under ORS 87.010 to 87.060 or 87.075to 87.093. The State Landscape ContractorsBoard may reduce a claim described in thissubsection by any amount the claimant owesthe landscape contracting business. Theboard shall process claims described in thissubsection only if:

(a) The owner paid the landscape con-tracting business for work subject to ORS671.510 to 671.760; and

(b) A lien established against the prop-erty of the owner under ORS 87.010 to 87.060or 87.075 to 87.093 is filed because the land-scape contracting business failed to pay theperson claiming the lien for that person′scontribution toward completion of the im-provement.

(3) A claim against a licensed subcon-tractor by a licensed landscape contractingbusiness or by a construction contractor li-censed under ORS chapter 701, for any of thefollowing:

(a) Negligent work.(b) Improper work.(c) Breach of contract.(4) A claim by a person furnishing labor

to a landscape contracting business.(5) A claim, as limited by rule of the

board, by a person furnishing material orrenting or supplying equipment to the land-scape contracting business. The minimumlimit set by the board may not be more than$150.

(6) A claim by a subcontractor againstthe landscape contracting business for un-paid labor or materials arising out of a con-tract. [2007 c.149 §2; 2007 c.541 §37b]

671.700 Notice of claim; timeliness;board authority over dispute. (1) If a claimis filed with the State Landscape ContractorsBoard against a licensed landscape contract-ing business for payment from the bond, let-ter of credit or deposit required of thebusiness under ORS 671.690, the board mayresolve the dispute involving the landscapecontracting business.

(2) A person having a claim against alandscape contracting business shall give theboard notice of the claim in writing 90 days



before any action on the bond, letter ofcredit or deposit is commenced.

(3) The board may not accept a claimagainst a landscape contracting business forprocessing if the claim is not filed with theboard within one year after the businesssubstantially completed work. The board maynot issue an order for the payment of a courtjudgment or arbitration award from the bond,letter of credit or deposit of a landscapecontracting business unless the person hastimely filed with the board a claim againstthe business regarding the same matter thatresulted in the judgment or award. [1973 c.832§29c; 1983 c.452 §16; 1987 c.461 §3; 2007 c.149 §6; 2007c.541 §36a]

671.703 Investigation of claim; resolu-tion processes; dismissal of claim; rules.(1) Upon acceptance of a claim described inORS 671.695, the State Landscape Contrac-tors Board shall initiate an investigation.Upon completion of the investigation, if theboard determines that facts exist supportingan order for payment, the board may orderthe landscape contracting business to pay theclaim. A party to the claim may request ahearing on the order issued by the board.

(2) Subject to subsection (5) of this sec-tion, if the resolution of the claim requiresa hearing, the board may require that thehearing be conducted as a binding arbi-tration under rules adopted by the board un-der subsection (4) of this section.

(3) The board may use arbitration, medi-ation or other forms of dispute resolution toresolve a landscaping dispute between anyparties who agree to follow the rules of theboard, including parties to a dispute that isnot a claim described in ORS 671.695.

(4) Except as provided in this subsection,rules adopted by the board to regulate arbi-tration under subsections (2) and (3) of thissection must substantially conform with theprovisions of ORS 36.600, 36.610 to 36.630,36.635 (2), 36.640, 36.645 (2), 36.650 to 36.680,36.685 (1) and 36.690 to 36.740. The rulesmay:

(a) Require that a hearing under ORS183.413 to 183.470 be conducted for issues forwhich a petition could be filed under ORS36.615, 36.620, 36.625 and 36.640;

(b) Limit orders and awards made by thearbitrator as necessary to comply with ORS671.510 to 671.760;

(c) Require that a request that anarbitrator modify or correct an award underORS 36.690 be submitted in a form specifiedby the rule;

(d) Require that a petition under ORS36.705 (2) or 36.710 (1) be filed in a shorterperiod of time than provided by ORS 36.705and 36.760; and

(e) Include any other provision necessaryto conform the arbitration to ORS 671.510 to671.760.

(5) A party to a claim that is subject toa board order of binding arbitration undersubsection (2) of this section may avoid thearbitration if the party requests to have theclaim resolved through a contested casehearing or files a complaint in a court. Aparty making a request or filing a complaintunder this subsection is subject to the fol-lowing provisions:

(a) If the party requests to have a claimresolved through a contested case hearing,the party must, within the time specified inparagraph (c) of this subsection, deliver therequest in writing to the board and to allparties entitled by board rule to receive acopy of the request.

(b) If the party files a complaint in acourt, the party must, within the time speci-fied in paragraph (c) of this subsection, de-liver a copy of the complaint to the boardand to all parties entitled by the board ruleto receive a copy of the complaint. If theparty filing the complaint is the claimant,the claimant must allege all elements of theclaim in the complaint. If the complaint isfiled by the licensed landscape contractingbusiness against whom a claim is alleged, thecomplaint may be a complaint for damages,a complaint for declaratory judgment orother complaint that allows the claimant tofile a response alleging the elements of theclaim. The claimant has the burden of prov-ing the elements of the claim in any actiondescribed in this paragraph.

(c) A party that is subject to paragraph(a) or (b) of this subsection must deliver arequest or complaint to the board as de-scribed in paragraphs (a) and (b) of this sub-section no later than the 30th day after theboard sends notice that an arbitration hear-ing has been scheduled. Failure to timelydeliver a request or complaint under thisparagraph constitutes consent to the bindingarbitration.

(d) If a party makes a timely request un-der paragraph (a) of this subsection for acontested case hearing and another partytimely files a complaint in compliance withparagraph (b) of this subsection, the filing ofthe complaint supersedes the request for acontested case hearing.

(e) A party may not withdraw a requestmade in compliance with paragraph (a) ofthis subsection unless all parties agree to thewithdrawal.

(f) The provisions of paragraph (b) of thissubsection are in addition to any other re-quirements imposed by law regarding the fil-ing of a complaint.



(6) An arbitration conducted under sub-section (2) or (3) of this section must be heldbefore an administrative law judge acting asarbitrator. The administrative law judge as-signed to act as arbitrator of the case on be-half of the board must be from the Office ofAdministrative Hearings established underORS 183.605. The assignment of an adminis-trative law judge to act as arbitrator is sub-ject to a request for a different arbitratorunder ORS 183.645 or a rule adopted pursu-ant to ORS 183.645.

(7) If a party to a claim described in ORS671.695 requests a contested case hearing,the board shall schedule the hearing. If aparty files a court action to determine thematter described in the claim, the boardshall suspend further processing of the claimuntil the action is resolved by an appropriatecourt.

(8) If the matter described in a claim issubmitted for determination by a court, theboard may require that the claimant providestatus reports on the pending action. Theboard may dismiss or close a claim describedin ORS 671.695 as established by rule of theboard if the claimant fails to submit statusreports on a pending action.

(9) If a final order or arbitration awardis issued under this section and the land-scape contracting business does not pay theclaim on or before the 30th day after receiv-ing the order, the board shall order the claimpaid out of the bond, letter of credit or de-posit filed under ORS 671.690.

(10) The board may dismiss or close aclaim as established by rule of the board if:

(a) The claimant does not permit theperson against whom the claim is filed to bepresent at any on-site investigation made bythe board; or

(b) The board determines that the personagainst whom the claim is filed is capable ofcomplying with recommendations made bythe board relative to the claim, but theclaimant does not permit the person to com-ply with the recommendations. The boardmay dismiss or close a claim under this par-agraph only if the person was licensed at thetime the work was first performed and is li-censed at the time the board makes its rec-ommendations.

(11) The board may suspend processing aclaim if the board determines that the natureor complexity of the claim is such that acourt is the appropriate forum for the adju-dication of the claim. [1979 c.840 §8; 1983 c.452 §17;1987 c.461 §4; 1989 c.153 §1; 1991 c.533 §2; 1995 c.645 §4;2001 c.198 §§3,4; 2003 c.75 §56; 2003 c.598 §§48,49; 2007c.149 §7; 2007 c.541 §37a]

671.705 [1979 c.840 §9; 1981 c.897 §99; 1983 c.452 §18;repealed by 1995 c.645 §6]

671.707 Actions following final orderof board. (1) If a final order of the StateLandscape Contractors Board is not paid bythe landscape contracting business, the boardshall notify the surety on the business′sbond.

(2) An order of the board that determinesa claim under ORS 671.703 that becomesfinal by operation of law or on appeal andremains unpaid for 20 days after the orderbecomes final is an order in favor of theclaimant against the landscape contractingbusiness and may be recorded with thecounty clerk in any county of this state.

(3) Upon receipt, the clerk shall recordthe order in the County Clerk Lien Record.In addition to any other remedy provided bylaw, recording an order in the County ClerkLien Record pursuant to this section has theeffect provided for in ORS 205.125 and205.126, and the order may be enforced asprovided in ORS 205.125 and 205.126. [1979c.840 §10; 1999 c.153 §1; 2007 c.149 §8; 2007 c.541 §38a]

671.710 Priority on satisfaction ofclaims. (1) Determinations by the StateLandscape Contractors Board or judgmentsagainst the surety bond, letter of credit ordeposit of a landscape contracting businessfor claims filed during a 90-day period shallbe satisfied in the priority listed in subsec-tions (2) to (4) of this section. The paymentof a claim filed during a 90-day period haspriority over any claim filed during a subse-quent 90-day period. A 90-day period beginson the date the first claim is filed with theboard. A subsequent 90-day period begins onthe date the first claim is filed with theboard after the close of the preceding 90-dayperiod.

(2) Determinations and judgments as aresult of claims filed within a 90-day periodagainst a landscape contracting business byowners of property upon which landscapingwork was performed or was contracted toperform, or by the agents of the owner, havepayment priority to the full extent of thebond, letter of credit or deposit over all otherclaims filed within the same 90-day period.

(3) If the total of all claims filed againsta landscape contracting business by propertyowners or their agents under subsection (2)of this section within a 90-day period doesnot exhaust the bond, letter of credit or de-posit, amounts due as a result of all otherclaims filed within the same 90-day periodmay be satisfied from the remainder of thebond, letter of credit or deposit, except thatthe total amount paid from any one bond tononowner claimants may not exceed $3,000.

(4) If the total of all claims against alandscape contracting business within a sin-gle 90-day period exceeds the amount of thebond, letter of credit or deposit available for



payment of those claims, payment from thebond, letter of credit or deposit shall be ap-portioned as the board determines, subject tothe claim payment priorities established un-der this section.

(5) The total amount paid from any onebond for recovery of dispute resolution costs,interest and attorney fees may not exceed$3,000. [1973 c.832 §29d; 1979 c.840 §11; 1983 c.452 §19;1999 c.34 §1; 2005 c.609 §19; 2007 c.149 §9; 2007 c.541 §39]

671.720 [1975 c.757 §11; 1987 c.461 §5; 1991 c.734 §66;1995 c.645 §5; 1997 c.337 §4; 2001 c.108 §3; 2001 c.409 §9a;renumbered 671.955 in 2001]

(Local Business Licenses)671.750 Portland metropolitan area

business licenses. The Legislative Assemblyintends to reduce the number of city businesslicenses that a landscape contracting busi-ness must obtain to conduct business in thePortland metropolitan area. The purpose ofthis section and ORS 671.755 is to enable alandscape contracting business to securefrom the metropolitan service district onebusiness license that will permit the land-scape contracting business to conduct busi-ness in cities in which the landscapecontracting business performs a limitedamount of work and in which it does nothave a principal place of business. The Leg-islative Assembly also intends that this sec-tion and ORS 671.755 apply only to landscapecontracting businesses without regard to anysubsequent expansion of the jurisdiction ofthe State Landscape Contractors Board overother businesses. It is the policy of this statethat, to the maximum extent possible con-sistent with the requirements of this sectionand ORS 671.755, the cities within theboundaries of the metropolitan service dis-trict be allowed to control the imposition ofbusiness license taxes and to maintain thelevel of revenues obtained from those taxes.The amount and trends of revenue producedor distributed to each city is intended to re-flect the landscape contracting business ac-tivity within the participating cities. [2007c.541 §46]

671.755 Issuance of business license bymetropolitan service district; city busi-ness license tax. (1) As used in this section:

(a) “Business license tax” means any feepaid by a person to a city or county for anyform of license that is required by the cityor county in order to conduct business inthat city or county. “Business license tax”does not mean a franchise fee or privilegetax imposed by a city upon a public utilityunder ORS 221.420 or 221.450 or under a citycharter.

(b) “Conducting business” means engag-ing directly, or through officers, agents andemployees, in an activity in pursuit of gain.

(c) “Principal place of business” meansthe location in this state of the central ad-ministrative office of a person conductingbusiness in this state.

(d) “Within a metropolitan service dis-trict” means that city limits are wholly orpartially inside district boundaries.

(2) A landscape contracting businessshall pay directly to any city within a met-ropolitan service district any business licensetax imposed by the city if:

(a) The landscape contracting businesshas its principal place of business within thecity; or

(b) The landscape contracting businessdoes not have its principal place of businesswithin the city but derives gross receipts of$250,000 or more from conducting businesswithin the city during the calendar year forwhich the tax is owed.

(3) A landscape contracting business mayapply for a business license from a metropol-itan service district if the business conductsbusiness in a city that is within the districtbut that is not a city to which the businessdirectly pays a business license tax for thatyear.

(4) The metropolitan service district shallissue a business license to a landscape con-tracting business if:

(a) The business proves to the districtthat the business has directly paid the busi-ness license tax imposed by each city withinthe district to which the business must di-rectly pay a business license tax; and

(b) The business pays a license fee to thedistrict.

(5) The license fee charged under subsec-tion (4) of this section shall be twice the av-erage business license tax charged tolandscape contracting businesses by citieslocated within the metropolitan service dis-trict plus an amount that is sufficient to re-imburse the district for the administrativeexpenses of the district incurred in carryingout its duties under this section.

(6) If a landscape contracting business isissued a business license by the metropolitanservice district under subsection (4) of thissection, and a city within the district otherthan a city described in subsection (2) of thissection demands that the business pay abusiness license tax, the demanding cityshall waive payment of the tax if the busi-ness proves by possession or otherwise thatthe business has a business license issued bythe metropolitan service district for the cal-endar year for which the tax is owed.



(7) The metropolitan service district shalldistribute the business license fees collectedby the district under this section, less ad-ministrative expenses, to the cities withinthe district that collect a business licensetax. In any year, each of the cities shall re-ceive a share of the license fees based uponthe proportion that the number of residentialbuilding permits the city issued during theyear bears to the total number of residentialbuilding permits issued during the year byall of the cities within the district. The dis-trict shall determine the number of residen-tial building permits issued by cities withinthe district from statistics and other datapublished by the State Housing Council. Adistrict shall distribute moneys under thissubsection at least once each year. [2007 c.541§47]

671.760 Business income tax. (1) Asused in this section, “business license tax”has the meaning given that term in ORS671.755.

(2) A city that imposes a business licensetax based on or measured by adjusted netincome earned by conducting business withinthe city is exempt from ORS 671.755. [2007c.541 §48]

PENALTIES671.950 [Formerly 671.435; 2003 c.14 §425; renum-

bered 671.995 in 2005]671.955 [Formerly 671.720; 2005 c.609 §20; renum-

bered 671.997 in 2005]

671.990 Penalties for violations of ORS671.010 to 671.220 or 671.530. (1) Violationof any of the provisions of ORS 671.010 to671.220 is subject to the provisions of ORS671.220.

(2) Violation of ORS 671.530 is a misde-meanor. [Subsection (2) enacted as 1961 c.431 §24;subsection (3) enacted as 1971 c.764 §22; 1977 c.803 §17;1981 c.536 §18]

671.992 Criminal penalties for vio-lations of ORS 671.310 to 671.459. A personwho violates any provision of ORS 671.310 to671.459, or any rule of the State LandscapeArchitect Board adopted thereunder, is guiltyof a misdemeanor. Subject to ORS 161.655, acourt may impose on the person a fine of notless than $250 or more than $5,000, a termof imprisonment of not more than sixmonths, or both. [2001 c.950 §8; 2003 c.14 §426]

671.995 Civil penalties for violationsof ORS 671.310 to 671.459. (1) The StateLandscape Architect Board may impose acivil penalty against any person who violates

any provision of ORS 671.310 to 671.459 orany rule adopted thereunder. The penaltyshall be imposed in the manner provided byORS 183.745. The board shall determine theamount of a civil penalty imposed under thissection, not to exceed $5,000 for each offense.Notwithstanding ORS 670.335, civil penaltiesrecovered under this section shall be depos-ited into an account established by the boardas provided under ORS 182.470. Moneys de-posited are appropriated continuously to theboard for the administration and enforcementof ORS 182.456 to 182.472, 671.310 to 671.459and 671.995. The Attorney General shallbring an action in the name of the State ofOregon in a court of appropriate jurisdictionto enforce any civil penalty imposed underthis section.

(2) In determining the amount of a civilpenalty imposed under this section, the boardmay consider:

(a) The seriousness of the violation;(b) The economic benefit to the violator

resulting from the violation;(c) Whether the violator has previously

committed violations; and(d) Other factors that the board finds ap-

propriate. [Formerly 671.950]

671.997 Civil penalties for violationsof ORS 671.510 to 671.760. (1) Except asprovided in subsection (4) of this section, aperson who violates any provision of ORS671.510 to 671.760 or a rule adopted pursuantto ORS 670.310, 670.605 or 671.670 shall for-feit and pay to the State Landscape Contrac-tors Board a civil penalty in an amountdetermined by the board of not more than$2,000 for each offense.

(2) The board shall impose civil penaltiesunder this section as provided in ORS183.745.

(3) The provisions of this section are inaddition to and not in lieu of any other pen-alty or sanction provided by law.

(4) If a landscape contracting businesscommits an act described under ORS 671.610(5), the board shall impose penalties andsanctions on both the landscape contractingbusiness to which the contract is awardedand the landscape contracting business thatawards the contract as follows:

(a) A civil penalty of not less than $500nor more than $1,000 for a first offense;



(b) A civil penalty of not less than $1,000nor more than $2,000 for a second offense;

(c) Suspension of license or refusal to re-issue license for six months for a third of-fense;

(d) Revocation of license for three yearsfor a fourth offense; and

(e) Permanent revocation of the land-scape contracting business′s license for afifth offense. [Formerly 671.955; 2007 c.541 §40; 2009c.11 §89]


Documents

671671.760 Business income tax. (1) As used in this section, “business license tax” has the meaning given that term in ORS 671.755. (2) A city that imposes a business license tax