Or. Admin. Code § 808-003-0230

Current through Register Vol. 63, No. 12, December 1, 2024

Section 808-003-0230 - Renewal of Landscaping Contracting Business and Landscape Construction Professional License

The following rule sections apply to all applications except for those filed by a person holding an endorsement as a residential or commercial general contractor licensed under ORS chapter 701 seeking a landscape construction professional or landscape contracting business license that is a modified phase of license pursuant to OAR 808-003-0500. As of September 30, 2019, SB 935 (Chapter 682, 2019 legislative session), which amended ORS 671.560(4)(b), issuance, or reissuance, of such licenses is prohibited.

(1) Application for renewal of a landscape contracting business license shall comply with ORS 671.660 and be:

(a) Accompanied by:

(A) Required renewal fee; and

(B) Documentation of any unpaid court judgment, arbitration award or administrative agency final order entered or issued in any state that requires the applicant to pay damages arising out of the performance of, or a contract for, landscaping work issued on or after January 1, 2008, along with the status of any appeal or exceptions. For purposes of this rule and ORS 671.560 and 671.563, "applicant" has the same meaning as owner as defined in OAR 808-002-0734.

(b) On forms provided by the agency and the licensee shall update the following items:

(A) Mailing address;

(B) Assumed business name;

(C) Entity type;

(D) Employer status as required by ORS 671.525 and OAR 808-003-0090;

(E) Listing of owners/officers and percentage of ownership of each owner;

(F) List of landscape construction professional(s), with accompanying license numbers employed by the business;

(G) Bond amount as required by ORS 671.690 and OAR 808-003-0613;

(H) Insurance expiration date as required by OAR 808-003-0095; and

(I) Name of the owner/managing employee, if applicable as required by ORS 671.595

(2) Application for renewal of a landscape construction professional license shall comply with ORS 671.660 and be:

(a) Accompanied by:

(A) Required renewal fee; and

(B) Documentation of any unpaid court judgment, arbitration award or administrative agency final order entered or issued in any state that requires the applicant to pay damages arising out of the performance of, or a contract for, landscaping work issued on or after January 1, 2008, along with the status of any appeal or exceptions. For purposes of this rule and ORS 671.560 and 671.563, "applicant" has the same meaning as owner as defined in OAR 808-002-0734.

(b) On forms provided by the agency and the licensee shall update the following items:

(A) Mailing address;

(B) Name of landscape contracting business(es) individual is employed by, if applicable;

(C) Listing of continuing education courses completed, if applicable; and

(D) Signature of applicant.

(3) If a landscape construction professional is on active military duty, that servicemember may place a license on "inactive military" status, and may renew the license to "inactive military" status without paying the renewal fee. The sevicemember must submit a request in writing for "inactive military" status and submit written documentation that substantiates the licensee's call to active duty. Only active duty and honorably discharged military personnel are exempt from LCB license renewal fees; but civilian and dishonorably discharged military personnel are not exempt.

(4) To convert an inactive military status license to active or inactive status upon an honorable discharge, the servicemember must submit a written request within 60 days from the date of discharge. If the holder of an inactive military status license does not make a timely application for reinstatement, the license will expire upon its expiration date and the holder must meet all reinstatement requirements in effect at the time of the reinstatement.

(5) If an applicant as defined in subsections (1) and (2) of this rule has any unpaid damages as stated in subsections (1) and (2) of this rule and there are no appeals or exceptions filed, the applicant must show current payments are being made. If payments are not being made, the Landscape Contractors Board may refuse to renew the license.

(6) If an applicant satisfies all requirements for license renewal before the expiration date:

(a) The license is renewed;

(b) The effective date of the license is the expiration date; and

(c) The license is valid until the last day of the anniversary month of the initial issues of the license.

(7) If an applicant satisfies all requirements for license renewal within two years after the expiration date:

(a) The license will be renewed;

(b) The effective date of the license is the date the agency updates the record; and

(c) The license is valid until the last day of the anniversary month of initial issuance of the license

(8) If an applicant satisfies all requirements for renewal more than two years after the expiration date, the license cannot be renewed or reissued. The applicant must apply for a new license under OAR 808-003-0015.

Or. Admin. Code § 808-003-0230

LCB 6-2005, f. 12-30-05, cert. ef. 1-1-06; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08; LCB 6-2010, f. 8-12-10, cert. ef. 8-13-10; LCB 4-2012, f. 5-30-12, cert. ef. 6-1-12; LCB 9-2015, f. 12-22-15, cert. ef. 1/1/2016; LCB 5-2016, f. & cert. ef. 5/23/2016; LCB 4-2019, temporary amend filed 08/30/2019, effective 09/30/2019 through 03/27/2020; LCB 8-2019, amend filed 12/23/2019, effective 1/1/2020

Statutory/Other Authority: ORS 670.310 & ORS671.670

Statutes/Other Implemented: ORS 671.574, ORS 671.568 & ORS 671.560