Chapter 671 — Chapter 671
149 sections in this chapter.
ORS 671.379 Stamps. (1) A registered landscape architect shall obtain a stamp of a design authorized by the State Landscape Architect Board. The stamp must bear the name, registration date and registration certificate number of the landscape architect and the legend “registered landscape architect.”
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(2) A registered landscape architect shall stamp and sign all final drafts of professional documents that the landscape architect issues for obtaining permits, obtaining approvals by agencies other than the board or fulfilling contractual obligations, including maps, plans, desig…
ORS 671.380 [1961 c.431 §9; 1973 c.832 §24c; 1975 c.429 §8; 1977 c.873 §3; repealed by 1977 c.842 §10]
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[Repealed or reserved.]
ORS 671.385 [1981 c.536 §8; 1987 c.414 §42c; repealed by 1995 c.189 §12]
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[Repealed or reserved.]
ORS 671.390 [1961 c.431 §10; 1973 c.827 §65; repealed by 1977 c.842 §10]
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[Repealed or reserved.]
ORS 671.393 Code of professional conduct; rules; publication; effect; revision. The State Landscape Architect Board shall cause to be prepared and shall by rule adopt a code of professional conduct which shall be known in writing to every landscape architect and applicant for registration under ORS 671.310 to 671.459. This code shall be published in the roster of landscape architects. Such publication shall constitute due notice to all registrants. The board may revise and amend this code of conduct from time to time and shall promptly notify each registrant in writing of such revisions or amendments. [1983 c.455 §4; 2003 c.14 §417]
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[Repealed or reserved.]
ORS 671.395 Continuing education; fee. (1) The State Landscape Architect Board may establish or approve programs of continuing education that contribute to the competency of landscape architects. The board may charge a fee for programs of continuing education it establishes
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(2) The board may require completion of a program of continuing education established or approved under this section as a condition for the issuance or renewal of registration as a landscape architect under ORS 671.310 to 671.459. [1981 c.536 §9; 2001 c.950 §15; 2003 c.14 §418]
ORS 671.400 [1961 c.431 §13; repealed by 1977 c.842 §10]
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[Repealed or reserved.]
ORS 671.404 Grounds for refusal to register or renew or for suspension. Subject to ORS chapter 183, the State Landscape Architect Board may refuse to register any applicant, may refuse to renew the registration of any registered landscape architect or landscape architect in training, or may suspend for a period not exceeding one year or revoke the registration of any registered landscape architect or landscape architect in training if the board finds that the applicant or registrant is a person who
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(1) Has used dishonesty, fraud or deceit in obtaining or attempting to obtain registration under ORS 671.310 to 671.459, including but not limited to dishonesty, fraud or deceit in applying for registration, applying to sit for an examination or passing an examination. (2) Is imp…
ORS 671.405 [1971 c.734 §109; repealed by 1977 c.842 §10]
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[Repealed or reserved.]
ORS 671.408 Disciplinary actions. In addition to any civil penalty imposed by the State Landscape Architect Board or any fine or term of imprisonment imposed by a court, except as otherwise provided in ORS 671.404, the board may impose one or more of the following sanctions against a person violating ORS 671.310 to 671.459
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(1) Revocation of a certificate of registration. (2) Suspension of a certificate of registration for not more than three years. (3) Restriction of the scope of a registrant’s practice. (4) Imposition of peer review. (5) Imposition of specific or additional professional education …
ORS 671.410 [1961 c.431 §14; repealed by 1971 c.734 §21]
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[Repealed or reserved.]
ORS 671.412 Public contract requirements. (1) The state or a political subdivision may contract for landscape architecture service projects only with registered landscape architects, as defined in ORS 671.310
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(2) Drawings, plans, specifications, estimates and construction observation for public works of the state or a political subdivision that require landscape architecture services must be prepared by, or under the direct supervision of, a landscape architect registered in an approp…
ORS 671.415 Rulemaking authority. The State Landscape Architect Board, subject to ORS chapter 183, may adopt rules necessary for the board to perform its duties under ORS 671.310 to 671.459 and 671.995. [1981 c.536 §11; 1987 c.414 §42d; 2003 c.14 §421]
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[Repealed or reserved.]
ORS 671.420 [1961 c.431 §16; repealed by 1977 c.842 §10]
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[Repealed or reserved.]
ORS 671.425 Issuance of registration after revocation. If the State Landscape Architect Board revokes the registration of a registered landscape architect under ORS 671.404, the board may issue registration under ORS 671.310 to 671.459 to the individual whose registration is revoked if the individual
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(1) Files a new application for the registration and passes an examination given by the board; and (2) Establishes to the satisfaction of the board that all loss caused by the acts for which the registration was revoked has been fully satisfied and that the individual has complie…
ORS 671.428 [1983 c.455 §5; repealed by 1995 c.189 §12]
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[Repealed or reserved.]
ORS 671.430 [1961 c.431 §15; repealed by 1971 c.734 §21 and by 1971 c.753 §74]
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[Repealed or reserved.]
ORS 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 in 2001]
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[Repealed or reserved.]
ORS 671.440 [1961 c.431 §12; repealed by 1977 c.842 §10]
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[Repealed or reserved.]
ORS 671.442 Arbitration; effect; costs. In a dispute arising out of a contractual agreement between a registered landscape architect and a member of the general public of the state, the State Landscape Architect Board or a subcommittee of the board may act as arbiter of the dispute. Upon agreement of all parties to such arbitration, the findings of the board or subcommittee shall be binding on all parties to the dispute. There shall be no costs borne by any party for such arbitration and for the purposes of this section members of the board shall serve without compensation but shall be reimbursed as determined by the board. [1983 c.455 §6; 1997 c.643 §17]
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[Repealed or reserved.]
ORS 671.445 Investigation of complaints. The State Landscape Architect Board may, upon motion of the board or upon the verified complaint in writing of any person, investigate any alleged violation of ORS 671.310 to 671.459. As part of the investigation, the board may administer oaths, obtain and receive evidence at board proceedings and compel compliance with board subpoenas, all as provided in ORS 670.315. [1981 c.536 §14; 1987 c.414 §42f; 2001 c.950 §20; 2003 c.14 §423]
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[Repealed or reserved.]
ORS 671.447 Persons supplying information to board or advisory committee. A person that reports or supplies information in good faith to the State Landscape Architect Board or to an advisory committee assisting the board is immune from an action for civil damages as a result thereof. The board or committee shall not disclose the name of a person requesting confidentiality unless the testimony of the person is required as part of a board disciplinary proceeding. [2001 c.950 §7]
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[Repealed or reserved.]
ORS 671.450 [1961 c.431 §21; repealed by 1977 c.842 §10]
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[Repealed or reserved.]
ORS 671.454 [1981 c.536 §14a; 1987 c.414 §43; repealed by 2001 c.950 §23]
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[Repealed or reserved.]
ORS 671.455 [1963 c.580 §28; 1969 c.314 §74; 1971 c.753 §26; repealed by 1977 c.842 §10]
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[Repealed or reserved.]
ORS 671.459 State Landscape Architect Board; members; chair; term. (1) The State Landscape Architect Board shall operate as a semi-independent state agency subject to ORS 182.456 to 182.472 for the purpose of carrying out ORS 671.310 to 671.459, 671.992 and 671.995. The board shall consist of seven members to be appointed by the Governor. Four of the members shall be registered landscape architects, three shall be public members, and all shall be residents of this state. The chair of the board shall be elected by the board from among the current members
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(2) The term of office of each member is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. [198…
ORS 671.460 [1961 c.431 §§17,19,20; repealed by 1963 c.580 §103]
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[Repealed or reserved.]
ORS 671.465 [1963 c.580 §29; repealed by 1971 c.753 §74]
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[Repealed or reserved.]
ORS 671.470 [1961 c.431 §22; repealed by 1963 c.580 §103]
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[Repealed or reserved.]
ORS 671.475 [1963 c.580 §30; repealed by 1971 c.753 §74]
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[Repealed or reserved.]
ORS 671.480 [1961 c.431 §23; 1967 c.637 §26; repealed by 1971 c.753 §74]
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LANDSCAPE CONSTRUCTION PROFESSIONALS AND LANDSCAPE CONTRACTING BUSINESSES (Generally)
ORS 671.510 Short title. ORS 671.510 to 671.760 may be cited as the Landscape Contractors Law. [1971 c.764 §1; 1973 c.832 §25]
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[Repealed or reserved.]
ORS 671.520 Definitions for ORS 671.510 to 671.760. As used in ORS 671.510 to 671.760, unless the context requires otherwise
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(1) “Landscape construction professional” means an individual who for compensation or with the intent to be compensated performs or supervises activities requiring the art, ability, experience, knowledge, science and skill to: (a) Plan or install lawns, shrubs, vines, trees or nu…
ORS 671.522 Artificial turf. (1) As used in this section, “sports field” means one or more areas of a property that total more than 30,000 square feet of artificial turf and are designed to be used primarily for sport or other athletic activities
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(2) Notwithstanding ORS 701.005 and 701.021, except as provided in this section, a landscape contracting business may prepare a site for, install and repair artificial turf at an outdoor location. This section does not authorize a landscape contracting business to prepare a site …
ORS 671.524 Landscape irrigation systems. A landscape construction professional may prepare plans and drawings for a landscape irrigation system, including, but not limited to, plans and drawings that identify the positioning, number, type and model of pumps, piping, valves, sprinklers, nozzles emitters, filters, controllers and other components for the system, if the landscape construction professional
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(1) Holds a license issued by the State Landscape Contractors Board that authorizes the landscape construction professional to install irrigation systems; and (2) Has any other specialized qualifications required by the board by rule. [2015 c.672 §5] (Licensure)
ORS 671.525 (1) An applicant for a landscape contracting business license must qualify as an independent contractor, under ORS 670.600, to be licensed with the State Landscape Contractors Board
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(2) The board shall establish two classes of independent contractor licensees: (a) The nonexempt class is composed of the following entities: (A) Sole proprietorships, partnerships, corporations and limited liability companies with one or more employees; and (B) Partnerships, cor…
ORS 671.527 (1) An applicant for a landscape contracting business license that qualifies under ORS 671.525 to be classified as a nonexempt independent contractor must provide workers’ compensation insurance coverage for all employees of the landscape contracting business
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(2)(a) An applicant for a landscape contracting business license that qualifies under ORS 671.525 to be classified as an exempt independent contractor, and that is the client of a professional employer organization or has contracted with a temporary service provider to supply wor…
ORS 671.530 Licensing requirements; use of title; scope of landscape construction professional license. (1) A person may not operate as a landscape construction professional in this state without a valid landscape construction professional license issued pursuant to ORS 671.560
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(2) A person may not represent in any manner that the person is a landscape construction professional unless the person has a valid landscape construction professional license issued pursuant to ORS 671.560. The prohibition in this subsection includes, but is not limited to: (a) …
ORS 671.540 (1) Except as provided in subsection (2) of this section, ORS 671.510 to 671.760 and 671.990 (2) do not apply to
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(a) Any federal or state agency or any political subdivision performing landscaping work on public property. (b) Any landscape architect registered under ORS 671.310 to 671.459 and practicing as provided under ORS 671.310 to 671.459. (c) Landscaping work performed by a landscape …
ORS 671.543 Subcontracting. Notwithstanding ORS 701.005 or 701.021, a landscape contracting business that arranges for, undertakes or submits a bid to undertake a project that the business is authorized to perform under ORS 671.510 to 671.760 may subcontract with a general or specialty contractor licensed under ORS chapter 701 for the contractor to perform work within the scope of the contractor’s license endorsement on the project. [2015 c.672 §4]
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[Repealed or reserved.]
ORS 671.550 Authority of board to investigate; confidentiality of information. (1) The State Landscape Contractors Board may inquire into and inspect
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(a) Any services performed or materials furnished by a licensee under ORS 671.510 to 671.760. (b) The financial records of a person who it reasonably believes is operating in violation of ORS 671.530. (c) The services performed or materials furnished by a person who it reasonably…
ORS 671.555 Investigation of person engaged in landscape contracting business; procedures; orders to stop work. (1) The State Landscape Contractors Board may investigate the activities of any person engaged in the landscape contracting business to determine compliance with ORS 671.510 to 671.760
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(2) With the approval of the city or county, the board may conduct investigations with city or county inspectors, provided that the city or county is reimbursed by the board for the costs of such investigations. (3) Any inspector or investigator authorized by the board to determi…
ORS 671.557 Injunctive relief. In addition to any other remedy available, if the State Landscape Contractors Board believes that a person has engaged in, is engaging in or is about to engage in any act, practice or transaction that violates ORS 671.510 to 671.760, the board may direct the Attorney General to apply to the court for an injunction to restrain the person from engaging in the act, practice or transaction. [2005 c.609 §5]
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[Repealed or reserved.]
ORS 671.560 Issuance of license; application form; limited or specialty license; rules; exemption. (1) Except as provided in ORS 671.571 and 671.590, the State Landscape Contractors Board shall issue a landscape construction professional license to an applicant who satisfies the requirements of ORS 671.570
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(2) The board shall issue a landscape contracting business license to an applicant who satisfies the requirements of the board. (3) An applicant for a license under this section shall apply to the board upon a form furnished by the board and give such information as the board con…
ORS 671.561 Practical skills testing; fees. (1) The State Landscape Contractors Board shall establish a hands-on, written or electronic practical skills test for at least two of the types of limited or specialty licenses offered by the board under ORS 671.560. The board may establish a hands-on, written or electronic practical skills test for additional types of licenses offered under ORS 671.560 or 671.570. If the board establishes a hands-on, written or electronic practical skills test for a type of license, the board shall, when all such test types are available to the board, contractually or otherwise, allow an applicant for the license the option of satisfying all or parts of any examination requirement for the license by passing
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(a) A handwritten examination; (b) An electronic examination; or (c) The hands-on, written or electronic practical skills test and attending the business practices class described in this section. (2) If the board establishes a hands-on, written or electronic practical skills tes…
ORS 671.562 (1) A landscape contracting business that qualifies under ORS 671.525 to be classified as a nonexempt independent contractor must maintain workers’ compensation insurance coverage in effect for all employees of the landscape contracting business
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(2)(a) A landscape contracting business licensee that qualifies under ORS 671.525 to be classified as an exempt independent contractor, and that is the client of a professional employer organization or has contracted with a temporary service provider to supply workers to the land…
ORS 671.563 Applicant notice of unpaid judgments, awards and orders; rules. An applicant for the issuance or renewal of a landscape construction professional license or landscape contracting business license shall include in the application to the State Landscape Contractors Board notice of any unpaid court judgment, arbitration award or administrative agency final order entered or issued in any jurisdiction that requires the applicant to pay damages arising out of the performance of, or a contract for, landscaping work. The board may adopt rules that require an applicant to provide additional information regarding a judgment, arbitration award or agency final order described in this section and the status of any appeal or exceptions. [2007 c.151 §2; 2007 c.541 §28a]
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[Repealed or reserved.]
ORS 671.565 (1) Each person applying for a landscape contracting business license must
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(a) Pay to the State Landscape Contractors Board the applicable landscape contracting business license fee established by the board under ORS 671.650. (b) Have a landscape construction professional license or employ at least one person with a landscape construction professional l…
ORS 671.568 Inactive status for landscape contracting business license. (1) If a licensed landscape contracting business is not operating as a landscape contracting business, the State Landscape Contractors Board may, upon request, place the license of the landscape contracting business in inactive status
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(2) A landscape contracting business in inactive status remains subject to board jurisdiction and is required to comply with the requirements for a landscape contracting business other than the security requirement under ORS 671.690 and the insurance requirements under ORS 671.56…
ORS 671.570 Qualifications for landscape construction professional license; fee; rules. (1) Each person applying for a landscape construction professional license must
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(a) Pay a nonrefundable application fee. (b) Pay an examination fee. (c) Pay to the State Landscape Contractors Board the landscape construction professional license fee required by ORS 671.650. (d) Pass an examination, which the board shall offer at least once each six months, t…