2017 ORS 671.555¹
Investigation of person engaged in landscape contracting business
  • procedures
  • orders to stop work

(1) The State Landscape Contractors Board may investigate the activities of any person engaged in the landscape contracting business to determine compliance with ORS 671.510 (Short title) to 671.760 (Business income tax).

(2) With the approval of the city or county, the board may conduct investigations with city or county inspectors, provided that the city or county is reimbursed by the board for the costs of such investigations.

(3) Any inspector or investigator authorized by the board to determine compliance with ORS 671.510 (Short title) to 671.760 (Business income tax) may require any person who is engaged in any activity regulated by ORS 671.510 (Short title) to 671.760 (Business income tax) to demonstrate proof of compliance with the licensing requirements of ORS 671.510 (Short title) to 671.760 (Business income tax). If a person who is contracting directly with the owner of the property does not demonstrate proof of compliance with the licensing requirements of ORS 671.510 (Short title) to 671.760 (Business income tax), the inspector or investigator may give notice of noncompliance to the person.

(4) A notice of noncompliance given under subsection (3) of this section shall be in writing, shall specifically state that the person is not in compliance with the licensing requirements of ORS 671.510 (Short title) to 671.760 (Business income tax) and shall provide that unless the person demonstrates proof of compliance within two days of the date of the notice, the inspector or investigator may by order stop all work then being done by the person. The notice of noncompliance shall be served upon the person and shall be served upon or delivered to the owner of each property upon which the person is then performing work under contract. If more than one person is the owner of any such property, a copy of the notice need be given to only one of such persons.

(5) If after receipt of a notice of noncompliance under subsection (3) of this section the person fails within the two-day period specified in the notice to demonstrate proof of compliance with the licensing requirements of ORS 671.510 (Short title) to 671.760 (Business income tax), the inspector or investigator may order the work stopped by notice in writing served on any persons engaged in the activity. Any person so notified shall stop such work until proof of compliance is demonstrated. However, the inspector or investigator may not order the work stopped until at least two days after the copies of the notice of noncompliance have been served upon or delivered to the owners.

(6) Notwithstanding subsection (5) of this section, the board may order landscaping work stopped immediately if the landscape contracting business working on a worksite cannot demonstrate that the business has been licensed by the board at any time within the two years immediately preceding work on the worksite. The administrator or any employee of the board may issue an order under this subsection on behalf of the board.

(7) The board has the power to administer oaths, issue notices and subpoenas in the name of the board, compel the attendance of witnesses and the production of evidence, hold hearings and perform such other acts as are reasonably necessary to carry out its duties under ORS 671.510 (Short title) to 671.760 (Business income tax).

(8) If any person fails to comply with a subpoena issued under subsection (7) of this section or refuses to testify on matters on which the person may be lawfully interrogated, the board shall compel obedience in the manner provided in ORS 183.440 (Subpoenas in contested cases). [1991 c.533 §5; 1999 c.33 §1; 2007 c.399 §2; 2007 c.541 §15a; 2015 c.672 §7]

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.