Current through Register Vol. 63, No. 9, September 1, 2024
The agency assesses civil penalties for violations of ORS
671.510 to
671.760 and OAR chapter 808,
some of which may be settled per the terms of a Stipulated Order. These
penalties include, but are not limited to:
(1) Operating without a license. Operating in
violation of ORS 671.530(1) or
(3):
(a)
For a first offense:
(A) If the value of the
work is $500 or less; $600; and
(B)
If the value of the work is more than $500; $1,2000
(b) For subsequent offenses occurring after
action taken on first offense, $2,000; or
(c) When a claim or complaint has been filed
for damages arising out of that work, $2,000.
(2) Advertising without a license.
Advertising in violation of ORS
671.530(2), (4), or
(5):
(a)
$600 for the first offense; and
(b)
$1,2000 for subsequent offenses occurring after action taken on first
offense.
(3) Contract
Requirements:
(a) Performing landscaping work
without a written contract in violation of ORS
671.625(2):
(A) $1,2000 for the first offense;
and
(B) $2,000 for subsequent
offenses occurring after action taken on first offense.
(b) Failing to comply with minimum contract
standards as required in ORS
671.625(1) and
OAR 808-002-0020:
(A) $600 for the first offense; and
(B) $1,2000 for subsequent offenses occurring
after action taken on first offense.
(4) Advertising Requirements.
(a) Failure to include the license number in
all written advertising in violation of OAR
808-003-0010; or
(b) Advertising for landscaping work outside
the scope of the landscape contracting business license in violation of OAR
808-003-0040:
(A) $600 for the first offense; and
(B) $1,2000 for subsequent offenses occurring
after action taken on first offense.
(5) Insurance and Workers Compensation
Requirements. Failure to maintain the insurance or workers compensation
insurance coverage required by ORS
671.565, OAR
808-003-0095, or
808-003-0620 in effect
continuously throughout the license period:
(a) $600 for the first offense; and
(b) $1,2000 for subsequent offenses occurring
after action taken on first offense.
(6) Hiring employees while licensed as an
exempt landscape contracting business in violation of ORS
671.525(4):
(a) $600 for the first offense if the
licensee obtained workers' compensation coverage prior to the employee hire
date;
(b) $1,2000 for the first
offense and suspension of the license until the licensee provides the agency
with proof of conformance with the statutes and rules if the licensee did not
obtain workers' compensation coverage prior to the employee hire
date;
(c) $1,2000 for subsequent
offenses occurring after action taken on first offense if the licensee obtained
workers' compensation coverage prior to the employee hire date; and
(d) $2,000 for subsequent offenses occurring
after action taken on first offense and suspension of the license until the
licensee provides the agency with proof of conformance with the statutes and
rules if the licensee did not obtain workers' compensation coverage prior to
the employee hire date.
(7) Failure to verify workers' compensation
coverage for temporary or leased workers as required in ORS
671.527,
671.562, and OAR
808-003-0620:
(a) $600 for the first offense and suspension
of the license until the licensee provides the agency with proof of conformance
with the statutes and rules; and
(b) $1,2000 for subsequent offenses occurring
after action taken on first offense and suspension of the license until the
licensee provides the agency with proof of conformance with the statutes and
rules. For purposes of subsection 17(a) only, if the documentation of
verification of workers' compensation coverage is received by the agency on or
before the 21st day after the date of the contested case notice and the
verification shows coverage of all employees from the employees' hire date, the
contested case will be withdrawn without prejudice.
(8) Bond Requirements.
(a) Failure of a landscape contracting
business to obtain the correct amount of surety bond or irrevocable letter of
credit, as required by ORS
671.690(1):
(A) $1,2000 for the first offense and
immediate suspension per ORS
671.610(2)
until the proper bond is received in the State Landscape Contractors Board
office;
(B) $2,000 for the second
offense occurring after action taken on the first offense and immediate
suspension per ORS 671.610(2)
until the proper bond is received in the State Landscape Contractors Board
office.
(b) Failure to
maintain the bond or other board accepted surety as required by ORS
671.690 and OAR 808-0-03-0610
through 808-003-0617 in effect continuously throughout the license period:
(A) $600 for the first offense; and
(B) $1,2000 for subsequent offenses occurring
after action taken on first offense.
(9) Failure of a landscape contracting
business to:
(a) notify the board of a change
in address in writing or on line at the LCB website as required by ORS
671.603:
(A) $250 for the first offense; and
(B) $600 for subsequent offenses occurring
after action taken on first offense.
(b) Require the landscape construction
professional to directly supervise unlicensed employees of the landscaping
business performing landscaping work that is related to the landscape
construction professional phase of license:
(A) $1,200 for the first offense;
and
(B) $2,000 for subsequent
offenses occurring after action taken on first offense.
(C) $2,000 and six month suspension of the
license for the third offense.
(c) Notify the board of a change in the
landscaping business' phase of license as required by OAR
808-003-0125:
(A) $250 for the first offense; and
(B) $600 for subsequent offenses occurring
after action taken on first offense.
(d) Notify the LCB of a new business name
(including any new assumed business name) or, in the case of a sole proprietor,
any personal surname under which the business is conducted, in violation of OAR
808-003-0020:
(A) $250 for first offense; and
(B) $600 for subsequent offenses occurring
after action taken on first offense.
(10) Failure by the landscape construction
professional to:
(a) Notify the Landscape
Contractors Board of a change of address or employment in writing or on line at
the LCB website as required by ORS
671.603 and OAR
808-003-0125:
(A) $250 for the first offense; and
(B) $600 for subsequent offenses occurring
after action taken on first offense.
(b) Comply with the supervisory
responsibilities as required by OAR
808-003-0018;
(A) $1,2000 for the first offense;
(B) $2,000 for the second offense occurring
after action taken on first offense; and
(C) $2,000 and six month suspension of the
license for the third offense.
(11) Continuing Education Requirements.
Failure of a landscape construction professional to:
(a) Respond to the continuing education audit
as required under OAR
808-040-0060(3):
(A) For the first offense: Suspension of the
license until the CEH documentation is received by the agency. For purposes of
subsection 26(a) only, if the CEH documentation as required by OAR
808-040-0060(3)
is received by the agency on or before the 21st day after the date of the
contested case notice, the contested case will be withdrawn without
prejudice.
(B) For subsequent
offenses occurring after action taken on the first offense: Suspension of the
license until the CEH documentation is received by the agency.
(b) Submit complete documentation
as required under OAR
808-040-0060(3), (4), (5) or
(6):
(A)
For the first offense: Suspension of the license until the CEH documentation is
received by the agency. For purposes of subsection 27(a) only, if the CEH
documentation as required by OAR
808-040-0060(3), (4), (5) or
(6) is received by the agency on or before
the 21st day after the date of the contested case notice, the contested case
will be withdrawn without prejudice.
(B) For subsequent offenses occurring after
action taken on the first offense: Suspension of the license until the CEH
documentation is received by the agency.
(c) Complete the continuing education hours
by the deadline as required under OAR
808-040-0020(1):
(A) $250 for the first offense; and
(B) $600 for subsequent offenses occurring
after action taken on the first offense.
(12) Performing work outside the scope of the
landscape contracting business license in violation of OAR
808-003-0040:
(a) $1,2000 for the first offense;
and
(b) $2,000 for subsequent
offenses occurring after action taken on first offense.
(13) Operating as a landscaping contracting
business without having at least one owner or employee who is a licensed
landscape construction professional licensed within the phase of work
performed, in violation of OAR
808-003-0040 and
808-003-0045:
(a) $1,2000 for the first offense;
and
(b) $2,000 for subsequent
offenses occurring after action taken on first offense.
(14) Installation of an irrigation backflow
assembly or tapping into the potable water supply in violation of a written
agreement with the Board as provided in OAR
808-003-0040, $1,000 and
suspension of the license until Backflow Prevention license is
obtained.
(15) Failure to conform
to information provided on the application in violation of ORS
671.510 to
671.710:
(a) $1,2000 for the first offense and
suspension of the license until the licensee provides the agency with proof of
compliance with the statutes and rules; and
(b) $2,000 for subsequent offenses occurring
after action taken on first offense and suspension of the license until the
licensee provides the agency with proof of compliance with the statutes and
rules.
(16) Failure to
comply with any part of ORS Chapters 316, 656, 657, and 671, as authorized by
ORS 671.510 to
671.710 or rules promulgated by
the agency:
(a) $$1,2000 for the first
offense and suspension of the license until the licensee provides the agency
with proof of conformance with the statutes and rules; and
(b) $2,000 for subsequent offenses occurring
after action taken on first offense and suspension of the license until the
licensee provides the agency with proof of conformance with the statutes and
rules.
(17) Conduct that
is dishonest or fraudulent or that the board finds injurious to the welfare of
the public as a landscape construction professional or landscape contracting
business as stated in ORS
671.610(1)(q)
and defined in OAR 808-002-0330:
(a) $1,2000 for the first offense and
suspension of the license; and
(b)
$2,000 for subsequent offenses occurring after action taken on first offense
and suspension of the license. The agency may also revoke the
license.
(18) Pursuant
to ORS 671.610(1)(e)
makes misleading statements when advertising services or materials:
(a) $250; and
(b) Suspension of the license until the
advertisement is amended, removed or the licensee no longer uses the misleading
advertisement. If advertisement cannot be amended or removed, it is to be
corrected upon the next printing, i.e. yellow page ads.
(c) For subsequent offenses occurring after
action taken on the first offense:
(A) $600;
and
(B) Suspension of the license
until the advertisement is amended, removed or the licensee no longer uses the
misleading advertisement. If advertisement cannot be amended or removed, it is
to be corrected upon the next printing, i.e. yellow page ads.
(19) Violating an order
to stop work in violation of ORS
671.555(5),
$1,000 per day.
(20) Failure to
obtain a permit to tap into a potable water supply prior to the installation of
an irrigation backflow assembly or failure to comply with applicable plumbing
code requirements as required by OAR
808-003-0126(3)(a):
(a) $600 for the first offense; and
(b) $1,2000 for subsequent offenses occurring
after action taken on first offense.
(21) Failure to obtain the appropriate
building code permit(s):
(a) $600 for the
first offense; and
(b) $1,2000 for
subsequent offenses occurring after action taken on first offense.
(22) When as set forth in ORS
671.610(5), the
number of licensed landscape contracting businesses working together on the
same task on the same job site, where one of the businesses is licensed exempt
under ORS 671.525(2)(b),
exceeded two sole proprietors, one partnership, one corporation, or one limited
liability company, penalties shall be imposed on each of the persons to whom
the contract is awarded and each of the persons who award the contract, as
follows:
(a) $1,2000 for the first
offense;
(b) $2,000 for the second
offense;
(c) Six months suspension
of the license for the third offense; and
(d) Three-year revocation of license for a
fourth offense.
(23)
Defective Work: Effective October 1, 2018, if the defective work as defined in
OAR 808-002-0320 was performed on or
after December 1, 2017,
(a) $1,2000;
or
(b) $1,2000 and suspension or
revocation of the landscape construction professional license, the landscape
contracting business license or both licenses pursuant to OAR
808-003-0126(5).;
or
(c) Suspension or revocation of
the landscape construction professional license, the landscape contracting
business license or both licenses pursuant to OAR
808-003-0126(5).
Statutory/Other Authority: ORS
670.310, ORS
183.310 -
183.500 &
671.670
Statutes/Other Implemented: ORS
671.997
