Current through Register Vol. 63, No. 12, December 1, 2024
The Landscape Contractors Board adopts the most current version
of the Department of Administrative Services Statewide Policy Number
107-001-030 regarding public records requests fees and charges, including the
standardized fee schedule and public interest threshold for fee waiver or
reduction.
(1) All requests for copies
of public records pertaining to the State Landscape Contractors Board and
available at the Board's office shall be in writing and may be delivered in
person, by mail, by fax or by email. The request must include:
(a) The name and address of the person
requesting the public record;
(b)
The telephone number or other contact information for the person requesting the
public record;
(c) A sufficiently
detailed description of the record(s) requested to allow the agency to search
for and identify responsive records;
(e) Signature of the person requesting the
public record. If delivered by email, just the written name of the person
requesting the public record.
(2) Charges to the general public and to
state agencies shall be payable in cash, check, money order, or any credit card
accepted by the board office. Billing to such state agencies must be authorized
by the Administrator. Checks or money orders shall be made payable to the
Landscape Contractors Board.
(3)
The Board accepts credit card payment submitted in person or by mail, e-mail or
fax. Any credit card that is rejected by the bank and requested to be
confiscated will be retained and returned to the bank. All payments by credit
card that are rejected must be paid in full by a check or money order within
ten days from notification of rejection.
(4) Charges for copies, documents, and
services shall be as follows:
(a) $0.07 cents
per black and white copy on letter or legal size paper and $0.14 cents per copy
on 11 X 17 size paper.
(b) The cost
of records transmitted by fax is $.75 for the first page and $.60 for each
additional page, limited to a 20-page maximum, not including the cover
page.
(c) The cost of records
transmitted by email is $5 per email.
(d) Upon request, copies of public records
may be provided electronically if the document(s) are stored in the agency's
computer system. Flash drives will be provided at actual cost per flash drive
and may contain as much information as the flash drive will hold. A flat fee of
$5.00 will be assessed if the total processing time of the associated public
records request is less than the 30-minute threshold as per subsection (k) of
this rule. Due to the threat of computer viruses, the agency will not permit
requestors to provide flash drives for electronic reproduction of computer
records.
(e) Actual cost for
delivery of records such as postage and courier fees.
(f) Actual attorney fees charged to the
agency for the cost of time spent by an attorney in reviewing the public
records, redacting materials from the public records or segregating the public
records into exempt and nonexempt records.
(g) The agency may require pre-payment of
estimated fees before taking further action on a request.
(h) $20 for each certification that an entity
has or has not been licensed with the Landscape Contractors Board.
(i) $20 for certified copies of
documents.
(j) $100 for listing of
individual landscape construction professional contractors and/or landscape
contracting businesses on flash drive or provided electronically through
e-mail. Requests for searching or formatting the data will be billed as per
subsection (k) of this rule. The Administrator may waive this charge for other
public agencies.
(k) Labor charges
that include researching, locating, compiling, editing or otherwise processing
information and records:
(A) No charge for the
first 30 minutes of labor time;
(B)
Clerical time. Beginning with the 31st minute, the charge per total request is
$25 per hour or $6.25 per quarter-hour. A prorated fee is not available for
less than a quarter-hour;
(C)
Managerial time. Beginning with the 31st minute, the charge per total request
is $40 per hour or $10 per quarter-hour. A prorated fee is not available for
less than a quarter-hour;
(D)
Professional time. Beginning with the 31st minute, the charge per total request
is $75 per hour or $18.75 per quarter-hour. A prorated fee is not available for
less than a quarter-hour;
(E) DOJ,
special attorney and other applicable legal fee time. The actual hourly rate
charged for public records request-related services.
(l) For both machine copies and documents, an
additional amount set at the discretion of the Administrator for time required
for search, handling, and copying as stated in subsubsection (k) of this
rule.
(m) $20 for duplicate
recording of Board meetings.
(n)
$20 for duplicate recordings of a three hour agency hearing or arbitration and
$10 for each additional 90 minute or fraction thereof of the hearing or
arbitration.
(o) Plant Study Guide
is the cost of the item, the cost of shipping and a fee for the cost of
processing the order. Contact the State Landscape Contractors Board for the
current charges.
(p) Landscape
Construction, Custom 3rd edition, book by David Sauter is the cost of the item,
the cost of shipping and a fee for the cost of processing the order. Contact
the State Landscape Contractors Board for the current charges.
(q) Laws, Rules and Business Practices Guide
is the cost of the item, the cost of shipping and a fee for the cost of
processing the order. Contact the State Landscape Contractors Board for the
current charges.
(r) Oregon
Landscape Figure Booklet is the cost of the item, the cost of shiping and a fee
for the cost of processing the order. Contact the State Landscape Contractors
Board for the current charges.
(5) All sales of items in subsection (4) of
this rule are final.
(6) Refunds:
All requests for refunds must be in writing.
(a) Application fees are non
refundable.
(b) Except as set forth
in subsections (c) & (d) of this section, initial license and renewal fees
are non-refundable and nontransferable.
(c) Landscape construction professional
license fees. When an applicant for a landscape construction professional
license withdraws their application or renewal or fails to complete the
application or renewal process the agency may retain a processing fee of $20
from any paid license fee.
(d)
Landscape contracting business license fees. When an applicant for a landscape
contracting business license withdraws their application or renewal or fails to
complete the application or renewal process, the agency may retain a processing
fee of $50 from any paid license fee.
(7) If the agency receives payment of any
fees or penalty by check and the check is returned to the agency by the bank,
the payer of the fees may be assessed a charge of $25 in addition to the
required payment of the fees or penalty.
(8) The agency shall not refund fees or civil
penalties overpaid by an amount of $20 or less unless requested by the payer in
writing within three years after the date payment is received by the agency, as
provided by ORS 293.445.
