ORS 671.555
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]

Source: Section 671.555 — Investigation of person engaged in landscape contracting business; procedures; orders to stop work, https://www.­oregonlegislature.­gov/bills_laws/ors/ors671.­html.

671.010
Definitions for ORS 671.010 to 671.220
671.020
Registration requirement
671.025
Certain drawings and specifications to carry stamp
671.030
Activities not considered as “practice of architecture.”
671.041
Provision of architectural services by corporate firm
671.045
Liability of professional corporation
671.047
Application of general corporation law to professional corporations
671.050
Application for certificate of registration
671.060
Examination of applicants
671.065
Certification based on recognition by national council or other jurisdictions
671.080
Renewal
671.085
Fees
671.090
Grounds for denial, suspension or revocation of certificates
671.100
Disciplinary authority of board
671.105
Hearing required in disciplinary action
671.120
State Board of Architect Examiners
671.125
Rulemaking authority of board
671.220
Civil penalties
671.310
Definitions for ORS 671.310 to 671.459
671.312
Purpose of ORS 671.310 to 671.459, 671.992 and 671.995
671.316
Registration requirement for practice of landscape architecture
671.318
Businesses providing landscape architecture services
671.321
Activities not considered practice of landscape architecture
671.325
Application for registration
671.335
Examination
671.338
Confidentiality of application, examination and investigatory information
671.345
Registration based on recognition by other jurisdictions
671.365
Fees
671.376
Renewal
671.379
Stamps
671.393
Code of professional conduct
671.395
Continuing education
671.404
Grounds for refusal to register or renew or for suspension
671.408
Disciplinary actions
671.412
Public contract requirements
671.415
Rulemaking authority
671.425
Issuance of registration after revocation
671.442
Arbitration
671.445
Investigation of complaints
671.447
Persons supplying information to board or advisory committee
671.459
State Landscape Architect Board
671.510
Short title
671.520
Definitions for ORS 671.510 to 671.760
671.522
Artificial turf
671.524
Landscape irrigation systems
671.525
Applicant for landscape contracting business license required to be independent contractor
671.527
Applicant for landscape contracting business license workers’ compensation coverage
671.530
Licensing requirements
671.540
Application of ORS 671.510 to 671.760
671.543
Subcontracting
671.550
Authority of board to investigate
671.555
Investigation of person engaged in landscape contracting business
671.557
Injunctive relief
671.560
Issuance of license
671.561
Practical skills testing
671.562
Landscape contracting business workers’ compensation coverage
671.563
Applicant notice of unpaid judgments, awards and orders
671.565
Landscape contracting business license application process and information requirements
671.568
Inactive status for landscape contracting business license
671.570
Qualifications for landscape construction professional license
671.571
Probationary license
671.572
Alternative licensing standards for person licensed as construction contractor
671.574
Inactive status for landscape construction professional license
671.575
License required to obtain judicial or administrative remedy
671.578
Suit for damages for misrepresentation
671.580
Landscape construction professional license not transferable
671.590
Reciprocal landscape construction professional licensing
671.595
Coursework and examination requirements for noncontractor owners and managing employees
671.600
New landscape contracting business license required upon change of ownership
671.603
Persons required to give notification of change of address
671.605
Effect of change in partners or corporate owners
671.607
License refusal or suspension for landscape contracting business debt
671.610
Grounds for sanctions against licensee
671.613
Sanction for failure to comply with certain laws
671.614
Placement on probation
671.615
Installation of backflow assemblies
671.617
Examination for backflow assembly installer license
671.625
Minimum standards for contracts and billings
671.630
State Landscape Contractors Board
671.650
License fees
671.655
Deposit of moneys
671.660
Renewal of licenses
671.670
Rulemaking authority
671.676
Continuing education
671.681
Advisory and technical committees
671.690
Surety bond, letter of credit or other security
671.695
Types of claims
671.700
Notice of claim
671.701
Claims against business holding dual licensing
671.703
Investigation of claim
671.707
Actions following final order of board
671.710
Priority on satisfaction of claims
671.750
Portland metropolitan area business licenses
671.755
Issuance of business license by metropolitan service district
671.760
Business income tax
671.990
Penalties for violations of ORS 671.010 to 671.220 or 671.530
671.992
Criminal penalties for violations of ORS 671.310 to 671.459
671.995
Civil penalties for violations of ORS 671.310 to 671.459
671.997
Civil penalties for violations of ORS 671.510 to 671.760
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