(1) As used in this section:
(a) Landscape contracting business debt means an amount owed under:
(A) A final order or arbitration award issued under ORS 671.703 (Investigation of claim); or
(B) A judgment or civil penalty arising from landscape contracting business activities in any state.
(b) Landscape contracting business license means a license issued within the United States to engage in a landscape contracting business.
(c) Officer means any of the following persons:
(A) A president, vice president, secretary, treasurer or director of a corporation.
(B) A general partner in a limited partnership.
(C) A manager in a manager-managed limited liability company.
(D) A member of a member-managed limited liability company.
(E) A trustee.
(F) A person qualifying as an officer under board rules. The definition of officer adopted by board rule may include persons not listed in this paragraph who may exercise substantial control over a business.
(d) Owner means a sole proprietor of, general partner in or holder of a controlling interest in a business, or a person defined as an owner by board rule.
(2) The board shall adopt rules defining an owner for purposes of subsection (1) of this section. The rules may not define an owner in a manner that includes an investor who has no right to manage a business, including but not limited to:
(a) A person who is solely a minority shareholder in a corporation;
(b) A member of a manager-managed limited liability company; or
(c) A limited partner in a limited partnership who does not participate in the control of the business of the limited partnership.
(3) The board may suspend or refuse to issue a landscape contracting business license if:
(a) The business owes a landscape contracting business debt or has had a landscape contracting business license revoked;
(b) An owner or officer of the landscape contracting business owes a landscape contracting business debt or has had a landscape contracting business license revoked; or
(c) An owner or officer of the landscape contracting business was an owner or officer of another business at the time the other business incurred a landscape contracting business debt that is owing or at the time of an event that resulted in the revocation of the other businesss landscape contracting business license.
(4) The board may hold the suspension or refusal of a license under subsection (3) of this section in abeyance if the person owing a landscape contracting business debt is adhering to a board-approved plan for restitution of the amount owed. [2005 c.609 §7; 2007 c.149 §4; 2007 c.541 §27]