Oregon Administrative Rules Chapter 834 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, BOARD OF LICENSED DIETITIANS
Oregon Administrative Rules (OAR) Chapter 808 pertains to the Landscape Contractors Board (LCB), a state agency in Oregon responsible for regulating the landscape contracting industry. The primary purpose of these rules is to protect consumers by ensuring that landscape contracting businesses and individual landscape construction professionals meet certain standards of competency, financial responsibility, and ethical conduct.
Here's a breakdown of the key areas covered in OAR Chapter 808:
1. Licensing and Qualifications (Division 3 & 30):
Two Licenses Required: To perform landscaping work in Oregon, both an individual Landscape Construction Professional (LCP) license and a Landscape Contracting Business license are required.
LCP License: This license is obtained by individuals who pass a competency examination demonstrating their knowledge and experience in performing and supervising landscape work. It covers a broad scope of work, including planting, irrigation systems, water features, drainage, fences, decks, arbors, patios, and tree work.
Business License: The business license is held by the entity (sole proprietor, partnership, corporation, etc.) that contracts with consumers. This business must carry the required surety bond, liability insurance, and workers' compensation. Crucially, a licensed LCP must either own or be a managing employee of the business and directly supervise unlicensed employees.
Continuing Education (Division 40): LCPs are required to complete continuing education to ensure they stay current with industry developments and best practices.
Owner/Managing Employee Course and Testing (Division 30): There are specific requirements for owners or managing employees of landscape contracting businesses to complete a course and pass an examination on business practices, laws, and rules relevant to the industry.
2. Definitions and Standards (Division 2):
This division provides clear definitions for various terms used throughout the rules, such as "landscaping work," "landscape job," and "direct supervision," to avoid ambiguity.
Minimum Contract Standards (OAR 808-002-0020): For landscape jobs costing $2,000 or more, a written contract is required. The rules specify the mandatory elements of these contracts, including business details, work description, price, payment schedule, guarantee, and a statement that the business is licensed by the LCB. Recent updates also require inclusion of a "Notice of Right to Cancel Contract" for homeowner/lessee consumers and electronic communication options.
3. Consumer Protection and Dispute Resolution (Division 4 & 8):
Claims Process (Division 4): OAR Chapter 808 outlines the procedures for consumers to file claims against licensed landscape contracting businesses for issues like improper work, contract violations, or failure to complete work.
Surety Bonds/Letters of Credit: Licensed businesses are required to maintain a surety bond or an irrevocable letter of credit, which provides a financial recourse for consumers if a claim is upheld against the business.
Arbitration by the Agency (Division 8): The LCB offers an arbitration process to help resolve disputes between consumers and licensees.
4. Enforcement and Civil Penalties (Division 5):
This division details the schedule of civil penalties and potential license suspensions for violations of the Oregon Revised Statutes (ORS 671.510 to 671.760) and OAR Chapter 808.
Common Violations Leading to Penalties: These include operating without a license, failing to meet minimum contract standards, improper advertising (e.g., not including license number), failing to obtain the correct amount of surety bond, and failing to provide proper supervision.
Dishonest or Fraudulent Conduct: The rules also address penalties for conduct deemed dishonest, fraudulent, or injurious to the public welfare.
In essence, OAR Chapter 808 serves as the regulatory framework that allows the Oregon Landscape Contractors Board to license qualified professionals and businesses, establish clear standards for landscaping work, and provide a mechanism for consumer protection and dispute resolution within the industry.
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