2017 ORS 671.525¹
Applicant for landscape contracting business license required to be independent contractor
  • classes of licensees

(1) An applicant for a landscape contracting business license must qualify as an independent contractor, under ORS 670.600 (Independent contractor defined), to be licensed with the State Landscape Contractors Board.

(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, corporations and limited liability companies with more than two partners, corporate officers or members if any of the partners, officers or members are not part of the same family and related as parents, spouses, siblings, children, grandchildren, sons-in-law or daughters-in-law.

(b) The exempt class is composed of all sole proprietorships, partnerships, corporations and limited liability companies that do not qualify as nonexempt.

(3) All partnerships, corporations and limited liability companies applying for a landscape contracting business license must have a federal tax identification number.

(4) If a licensee who qualifies under subsection (2)(b) of this section hires one or more employees, or falls into any of the categories set out in subsection (2)(a)(B) of this section, the licensee is subject to penalties under ORS 671.997 (Civil penalties for violations of ORS 671.510 to 671.760) and must submit proof that the licensee qualifies under subsection (2)(a) of this section.

(5) The decision of the board that a licensee is an independent contractor applies only when the licensee is performing work of the nature described in ORS 671.520 (Definitions for ORS 671.510 to 671.760) and 671.530 (Licensing requirements). [1991 c.533 §6; 1997 c.337 §2; 2007 c.541 §12]

Law Review Cita­tions

16 WLR 511 (1979)

1 Legislative Counsel Committee, CHAPTER 671—Architects; Landscape Professions and Business, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors671.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 671, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano671.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.