2015 ORS 671.610¹
Grounds for sanctions against licensee
  • suspension or refusal of license without prior hearing
  • hearing
  • effect of revocation
  • civil penalty
  • rules

(1) In addition to any civil penalty assessed under ORS 671.997 (Civil penalties for violations of ORS 671.510 to 671.760), the State Landscape Contractors Board may suspend, revoke or refuse to issue or renew the license of a landscape construction professional or landscape contracting business that does any of the following:

(a) Obtains or attempts to obtain a license under ORS 671.510 (Short title) to 671.760 (Business income tax) by fraud or material misrepresentation.

(b) Makes a material misrepresentation about the quality of any material or service the person provides.

(c) Performs defective work.

(d) Furnishes defective materials.

(e) Makes misleading statements when advertising services or materials.

(f) Violates a provision of ORS 671.510 (Short title) to 671.760 (Business income tax).

(g) Fails to have a replacement bond, letter of credit or deposit on file at the time of a termination, cancellation, reduction or withdrawal of the bond, letter of credit or deposit required by ORS 671.690 (Surety bond, letter of credit or other security).

(h) Fails to maintain public liability, personal injury and property damage insurance as required by ORS 671.565 (Landscape contracting business license application process and information requirements) throughout a licensing period.

(i) Fails to comply with ORS 671.527 (Applicant for landscape contracting business license workers' compensation coverage) or 671.562 (Landscape contracting business workers' compensation coverage).

(j) Fails to provide evidence of workers’ compensation coverage as described in ORS 671.565 (Landscape contracting business license application process and information requirements).

(k) Violates a voluntary compliance agreement entered into under ORS 336.184 (Oregon Student Information Protection Act) and 646.605 (Definitions for ORS 336.184 and 646.605 to 646.652) to 646.652 (District attorney's reports to Attorney General).

(L) Performs work for which a permit is required under the state building code without obtaining the required permit, if the work results in the filing of a claim with the board.

(m) Violates a rule or order of the board.

(n) Refuses to comply with a subpoena issued by the board.

(o) Fails to pay in full any amount owed to a claimant under a final order of the board or an arbitration award, or under a judgment rendered in this or any other state.

(p) Does not make payment, including any interest due, for labor or materials contracted for by the person pursuant to a contract for a public improvement within 90 days after the date the person receives payment from a public contracting agency or, if the person is a subcontractor, from the contractor.

(q) Engages in conduct as a landscape construction professional or landscape contracting business that is dishonest or fraudulent or that the board finds injurious to the welfare of the public.

(r) Fails to comply with the requirements of ORS 652.120 (Establishing regular payday).

(s) Is convicted of a crime under ORS 163.115 (Murder), 163.185 (Assault in the first degree), 163.225 (Kidnapping in the second degree), 163.235 (Kidnapping in the first degree), 163.355 (Rape in the third degree), 163.365 (Rape in the second degree), 163.375 (Rape in the first degree), 163.385 (Sodomy in the third degree), 163.395 (Sodomy in the second degree), 163.405 (Sodomy in the first degree), 163.408 (Unlawful sexual penetration in the second degree), 163.411 (Unlawful sexual penetration in the first degree), 163.415 (Sexual abuse in the third degree), 163.425 (Sexual abuse in the second degree), 163.427 (Sexual abuse in the first degree), 164.055 (Theft in the first degree), 164.075 (Theft by extortion), 164.325 (Arson in the first degree) or 164.415 (Robbery in the first degree), provided that the facts supporting the conviction and all intervening circumstances make the determination to suspend, revoke or refuse to issue or renew the license consistent with ORS 670.280 (Denial, suspension or revocation of license based on criminal conviction).

(2) The board may suspend or refuse to renew the license of a landscape construction professional or landscape contracting business without prior hearing if, after investigating and setting forth in writing the facts supporting the action, the board determines that continued activity by the landscape construction professional or landscape contracting business poses an imminent threat of serious harm to the public welfare. Facts sufficient to support a suspension or refusal to renew under this subsection include, but are not limited to:

(a) The lack of a surety bond, letter of credit or deposit required under ORS 671.690 (Surety bond, letter of credit or other security);

(b) The lack of public liability, personal injury or property damage insurance required under ORS 671.565 (Landscape contracting business license application process and information requirements);

(c) The lack of workers’ compensation insurance that is required of the licensee under ORS 671.562 (Landscape contracting business workers' compensation coverage);

(d) The hiring of employees while licensed as exempt under ORS 671.525 (Applicant for landscape contracting business license required to be independent contractor);

(e) Conduct as a landscape construction professional or a landscape contracting business that is dishonest;

(f) Operation of a landscape contracting business that does not employ at least one licensed landscape construction professional; or

(g) The failure to notify the board of any unpaid court judgment, arbitration award or administrative agency final order as required by ORS 671.563 (Applicant notice of unpaid judgments, awards and orders).

(3) A person whose license is suspended or refused renewal under subsection (2) of this section may request a hearing within 90 days after receiving the notice of the suspension or refusal to renew. Except as provided in this subsection, the board shall give a contested case hearing requested under this subsection priority over other hearings and schedule the hearing for the earliest practicable date. If a citation is issued to the person and the order of suspension or refusal to renew will terminate by its terms if a court renders a final judgment regarding the citation in favor of the person, the person may request that the board hold the requested contested case hearing in abeyance until after the court has rendered a final judgment.

(4) A person whose license is revoked under this section is not eligible to apply for a license under ORS 671.510 (Short title) to 671.760 (Business income tax) until two years after the effective date of the revocation.

(5) The board may suspend, revoke or refuse to reissue the license of a landscape contracting business, and may impose a civil penalty, all as provided under ORS 671.997 (Civil penalties for violations of ORS 671.510 to 671.760) (4), if the board determines, after notice and opportunity for a hearing, that the landscape contracting business was working with other landscape contracting businesses on the same task and work site where one of the landscape contracting businesses is licensed as an exempt independent contractor under ORS 671.525 (Applicant for landscape contracting business license required to be independent contractor) (2)(b) and the total number of landscape contracting businesses working on the task exceeded:

(a) Two sole proprietors;

(b) One partnership;

(c) One corporation; or

(d) One limited liability company.

(6) The board shall provide by rule a process and criteria that must be met for restoration of a license that has not been permanently revoked. [1971 c.764 §11; 1981 c.536 §23; 1987 c.461 §2; 1989 c.944 §2; 1995 c.645 §1; 1997 c.337 §3; 2001 c.924 §26; 2005 c.609 §14; 2007 c.151 §4; 2007 c.541 §28; 2009 c.11 §87; 2011 c.283 §5]

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 (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 671, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano671.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.