Current through Register Vol. 63, No. 9, September 1, 2024
(1) The licensed landscape construction
professional who holds part or the complete phase basis of the landscape
contracting business license must perform the following supervisory services:
(a) Review and initial the landscape plan
and/or written contract for each job;
(b) Attend all on-site meetings and appear at
any hearings that are a consequence of any claims filed against the landscape
contracting business that relate to the landscape construction professional's
phase of license; and
(c) Directly
supervise all non-licensed employees employed by the landscape contracting
business as defined in OAR
808-002-0328. For the purpose of
verification of direct supervision of an unlicensed employee as required by ORS
671.540(1)(q) or
(r), the communication requirement of direct
supervision will be considered met if the licensed landscape construction
professional communicates with the Landscape Contractors Board investigator who
requested the unlicensed employee to contact the supervising landscape
construction professional before midnight of the same day of the request.
(2) A landscape
contracting business must:
(a) Require a
licensed landscape construction professional to directly supervise the
unlicensed employees of the landscape contracting business who are performing
work that corresponds to the landscape construction professional's phase of
license; and
(b) Have the
landscape construction professional who is responsible for supervision as
required in subsection (a) of this section on the payroll each hour receiving
at least minimum wage or meeting the salary test for salaried exempt employees
during the time the landscape contracting business is engaged in landscaping
work that corresponds to this landscape construction professional's phase of
license except when the landscape construction professional is not considered a
subject worker under ORS
656.027.
(c) Submit a Verification form when a new
landscape construction professional becomes part or the complete basis of the
landscape contracting business license.
(3) Upon application for a landscape
contracting business license, and at any other time the board requests, a
landscape contracting business must submit a completed, signed and notarized
Verification form (provided by the board) for every licensed landscape
construction professional for whom the landscape contracting business has not
previously submitted this Verification form and who is supervising landscaping
work for the landscape contracting business;.
(4) The Verification form verifies that the
licensed landscape construction professional:
(a) Is a paid employee of the landscape
contracting business and is on the payroll each hour receiving at least minimum
wage or meets the salary test for salaried, exempt employees or is an owner of
the business as defined in OAR
808-002-0734 during the time the
business is performing landscape work related to the landscape construction
professional's phase of license;
(b) Will directly supervise work based on the
landscape construction professional's phase of license;
(c) Will attend on site meetings and appear
at any hearings that are a consequence of any claims filed against the
landscape contracting business that relate to the landscape construction
professional's phase of license; and
(d) Understands the requirement to notify the
board within ten calendar days after termination of employment from the
landscape contracting business as required by OAR
808-003-0125(4).
Stat. Auth.: ORS
670.310 &
671.670
Stats. Implemented: ORS
671.565
