ORS 671.610
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 163.107 (Murder in the first degree), 163.115 (Murder in the second degree), 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 (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; 2019 c.635 §29]

Source: Section 671.610 — Grounds for sanctions against licensee; suspension or refusal of license without prior hearing; hearing; effect of revocation; civil penalty; rules, 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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