Oregon Administrative Code

808-003-0615 New Bond, Letter of Credit or Cash Deposit Required for Change in Entity (1) If a landscape contracting business is licensed as a sole proprietorship, partnership, limited liability partnership, limited partnership, joint venture, corporation, limited liability compa…

808-003-0616 Restoration of Bond, Letter of Credit or Cash Deposit after Payment on Claim If a surety company or financial institution pays all or part of a claim against a licensed landscape contracting business, the agency must suspend or refuse to issue or reissue the landscap…

808-003-0620 Workers’ Compensation Insurance (1) A nonexempt applicant for the landscape contracting business license or renewal shall submit a "Certificate of Insurance" (certificate) from an insurance company authorized to do business in Oregon, as required by ORS 671.565 and w…

808-003-0700 Applications, Generally (1) Applications for a landscape construction professional license must be submitted on a form provided by the agency o rthrough the gency's online application portal and must be accompanied by the appropriate fee(s). The act of filing an appl…

808-003-0710 Fees (1) Conventional exam fee: The fee amount is determined by PSI. (2) The LCB Prep Course & Exam fee: The fee amount is determined by the Small Business Development Center (SBDC). (3) Practical skills exam fee: Exterior Technician Exam taken through the National A…

808-003-0720 Change to Limited Licenses, Generally (1) Landscape construction professionals holding limited licenses may change that phase of license by passing additional sections of the exam. Licensees shall register through the National Association of Landscape Professionals (…

808-003-0730 Passing Scores, Probationary and Owner, Managing Employee Statutory/Other Authority: ORS 671 Statutes/Other Implemented: ORS 571 History: LCB 1-2026, repeal filed 06/01/2026, effective 06/01/2026 LCB 2-2016, f. & cert. ef. 5-23-16

808-003-0740 Translation of Exam (1) Pursuant to ORS 671.570(3) & ORS 671.617(2) all exams will be given in the English language, unless otherwise requested as required in subsection (2) of this rule. (2) An applicant must notify the exam provider if they wish to take any section…

808-003-0750 Combination of Conventional Exam Sections, LCB Prep Course & Exam, and Practical Skills Exam Sections (1) An applicant may pass a combination of specific sections of the conventional exam, LCB Prep Course & Exam, and specific sections of the practical skills exam to …

808-003-0760 Required Identification at Examination Sites (1) Applicants must apply for the exam with their legal first and last name as it appears on their government issued identification. The required identification as listed in subsection (3) of this rule must match the first…

808-003-0800 Conventional Examination Sections and LCB Prep Course & Exam Modules (1) The conventional exam will consist of the following sections: (a) Laws, Rules and Business Practice (b) Plants and Turf; (c) Design, Grading and Drainage; (d) Hardscaping; (e) Irrigation Systems…

808-003-0810 Conventional Examination Testing Requirements (1) As used in OAR Chapter 808, Division 003 the conventional exam as required in ORS 671.571 shall be the landscape construction professional license exam that is offered by PSI and the LCB Prep Course & Exam offered by …

808-003-0820 Scoring of Conventional Examinations and LCB Prep Course & Exam (1) Each conventional exam section shall be scored separately. (2) Based on 100 percent, the passing score for a conventional exam and the LCB Prep Course & Exam shall be 75 percent or higher for each se…

808-003-0830 Conventional Examination and LCB Prep Course & Exam Retakes (1) An applicant wanting to retake any conventional exam section or LCB Prep Course & Exam Module must schedule testing at an approved testing center in Oregon or in another jurisdiction as stated in OAR 808…

808-003-0840 Appeal of Any Exam Results An applicant who fails any section of any exam may not appeal those results to the agency. Statutory/Other Authority: ORS 671.670 Statutes/Other Implemented: ORS 671.570 History: LCB 1-2026, amend filed 06/01/2026, effective 06/01/2026 LCB …

808-003-0850 Cheating on the Exam (1) An applicant who is caught cheating during the examination: (a) May not receive a result for any sections of the exam for the current sitting; (b) Will forfeit the exam fee; (c) May not retake any sections of the exam for 30 days; and (d) Mus…

808-003-0900 Practical Skills Testing, Generally (1) As used in OAR Chapter 808, Division 003 the practical skills exam as required in ORS 671.561 shall be the Exterior Technician Exam that is owned and governed by the National Association of Landscape Professionals (NALP). (2) T…

808-003-0910 Registration for the Practical Skills Exam An applicant that wishes to take the practical skills exam must register through the National Association of Landscape Professionals (NALP). Statutory/Other Authority: ORS 671.670 Statutes/Other Implemented: ORS 671.561 Hist…

808-003-0920 Practical Skills Exam Sections (1) Specific exam sections of the practical skills exam must be passed to obtain a landscape construction professional license for a Planting, Standard, All Phase, or Irrigation phase of license. (2) The Backflow section shall remain a …

808-003-0930 Scoring of Practical Skills Exam Sections (1) Each practical skills exam section will be scored separately. (2) Pursuant to ORS 671.561, the passing score for a practical skills exam shall be determined by the National Association of Landscape Professionals (NALP). (…

808-003-0940 Practical Skills Exam Retakes (1) An applicant wanting to retake any practical skills exam sections must schedule testing by registering with the exam provided as stated in OAR 808-003-0910. (2) An applicant must pay the exam fee as required in OAR 808-003-0710 to re…

808-003-0960 Transfer and Conversion of Exam Scores (1) To be considered equivalent to passing the Plants & Turf and Design, Grading & Drainage conventional exam sections, an applicant must pass the following practical skills exam sections: (a) Common Core; and (b) Softscape Inst…

808-003-0970 Appeal of Practical Skills Exam Results An applicant who fails any practical skills exam section may not appeal those results to the agency. Statutory/Other Authority: ORS 671.670 Statutes/Other Implemented: ORS 671.561 History: LCB 8-2023, amend filed 06/07/2023, ef…

808-003-0980 Business Practices Class Requirement (1) An applicant who wishes to obtain a landscape construction professional license through the practical skills exam may take a board approved class on landscape contracting business practices in lieu of the conventional Laws, Ru…

808-003-0985 Business Practices Class (1) The class required in ORS 671.561(6) shall cover the subjects listed in OAR 808-003-0990 (2) The class must be offered by the LCB or a provider approved by the agency as provided in OAR 808-030-0990. Statutory/Other Authority: ORS 671.670…

808-003-0990 Requirements of Provider of Business Practices Class (1) In order for individuals or organizations to be listed as a provider of the board approved business practices class the individual or organization must submit an application to the agency on forms provided by t…

808-003-0995 Business Practices Class Material and Subjects The class required under ORS 671.561(6) must consist of the following subjects: (1) License Requirements; (2) Insurance/Bonding; (3) Employment Law; (4) Contracts; (5) Supervision; (6) Claims/Dispute Resolution; (7) Lien…

808-004-0120 Liability of Landscape Contracting Business A licensed landscape contracting business participating in a corporation wholly-owned by the landscape contracting business, or a limited liability partnership, limited liability company, joint venture, limited partnership …

808-004-0160 Establishment of Co-Claimant The agency may allow a person to become a co-claimant, with the claimant's permission and if the person otherwise qualifies as a claimant, even if the co-claimant did not sign the Statement of Claim form. Statutory/Other Authority: ORS 18…

808-004-0195 Exhibits If a party to a claim submits a document that is larger than 8-1/2 inches by 14 inches or a photograph as an exhibit, the agency may require that the party submit four copies of the document or photo. Statutory/Other Authority: ORS 36, 87, 183, 670, 671.670,…

808-004-0211 Address of Claimant and Respondent (1) Initial notice of a contested case or arbitration directed to the last known address of record of a party to a claim shall be considered delivered when deposited in the United States mail and sent registered or certified or post…

808-004-0250 Exclusion of Certain Damages from Award (1) Except as provided in section (2) of this rule and subject to OAR 808-008-0420, an order of the board or arbitration award for monetary damages in a claim, including but not limited to an order of the Board arising from a c…

808-004-0260 Order Dismissing a Claim (1) If the agency dismisses a claim because the claimant did not allow the person against whom the claim was filed to be present at any on-site investigation made by the board, or because the claimant does not permit the person against whom t…

808-004-0300 Filing Date of Claims (1) A claim shall be deemed to have been filed when a Statement of Claim is received by the agency that: (a) Is in substantial compliance with OAR 808-004-0340; and (b) Contains information that is sufficient to identify the claimant and respond…

808-004-0310 Notice Required by ORS 671.700 A Statement of Claim in compliance with OAR 808-004-0340 filed with the agency is notice of the claim for purposes of ORS 671.700. Statutory/Other Authority: ORS 183, 670.310 & 671.670 Statutes/Other Implemented: ORS 671.700 History: LC…

808-004-0320 Jurisdictional Requirements (1) A claim must be of a type described under ORS 671.690(2) & (3), OAR 808-002-0220 and ORS 671.695. (2) A claim may be accepted for negligent or improper work for the following activities performed or contracted to be performed on or aft…

808-004-0340 Form of Claims (1) A claim must be submitted on a Statement of Claim form provided by the agency. The agency may require the use of the most recent revision of the Statement of Claim form. (2) The claimant must provide the following information with the Statement of …

808-004-0350 Procedure if Information on Statement of Claim is Incomplete The agency may refuse to accept a claim if: (1) The Statement of Claim does not meet the requirements of OAR 808-004-0340; and (2) The claimant fails to provide the missing information in response to a writ…

808-004-0360 Addition of Claim Items Effective January 1, 2017, if the agency conducts mediation or holds an on-site meeting, the claimant may add new claim items up to and through the mediation process or initial on-site meeting, whichever is latest. Agency staff will determine …

808-004-0400 Initial Administrative Processing of Claims (1) Upon receipt of a claim, the agency shall (a) Make a preliminary determination that the board has or lacks jurisdiction over the claim based on the information provided by the claimant; (b) Verify that claimant has prov…

808-004-0420 Processing Owner and Primary Contractor Claim Together If a claim based on the same facts and issues is received at any time during the processing of a primary contractor claim or a homeowner claim, the two claims will be processed together. Statutory/Other Authority…

808-004-0440 Contracts With Mediation or Arbitration Agreements – Exceptions (1)(a) If a claim is received in the LCB office that is based upon a previously signed contract containing an agreement by the parties to privately mediate or arbitrate (in a binding process – meaning th…

808-004-0450 On-site Meeting and Attendance (1) If the parties agree to agency mediation, the agency may schedule an on-site meeting among the parties for the purpose of discussion of a mediation settlement of a claim and investigation of the claim. The agency shall mail notice o…

808-004-0480 Resolution by Settlement and Construction of Settlement Agreement (1) The agency may present a mediation settlement proposal to the claimant and respondent for their consideration and agreement at an on-site meeting conducted under OAR 808-004-0450. (2) If the claima…

808-004-0500 Closure of Claim After Settlement If claimant and respondent agree to a mediation settlement, the following apply: (1) The agency shall notify the claimant that the claimant must notify the agency in writing whether the terms of the settlement have been fulfilled wit…

808-004-0510 Court Judgments and Other Authorized Entity Determinations (1) As used in this rule a “court judgment, arbitration award or other entity determination" means a judgment, award or determination by a court, arbitrator or other entity, as that phrase is defined in Divis…

808-004-0520 Processing of Claim Submitted to Court, Arbitrator or Other Entity (1) "Court, arbitrator or other entity" has the meaning given that phrase in Division 2 of this chapter. (2) The agency may suspend processing a claim if: (a) Either party transfers a claim to a court…

808-004-0530 Construction Lien Claims (1) For a construction lien claim to be accepted, the following conditions must be met: (a) The claimant must have paid the respondent in full for the landscape job or paid in full for the materials supplied or equipment rented and the landsc…

808-004-0540 Establishing Monetary Damages, Issuing Proposed Default Order or Referring Claim for Hearing If the claimant seeks monetary damages or the agency so requests, the claimant shall file a declaration of damages stating the amount the claimant alleges the respondent owes…

808-004-0590 Referral of Claim to Arbitrator or Contested Case Hearing or Removal to Court (1) If a hearing on a claim is conducted by the Office of Administrative Hearings: (a) The hearing shall be held as an arbitration under the rules in Division 8 of this chapter, unless a pa…