ORS 671.703
Investigation of claim

  • resolution processes
  • dismissal of claim
  • rules

(1)

Upon acceptance of a claim described in ORS 671.695 (Types of claims), the State Landscape Contractors Board shall initiate an investigation. Upon completion of the investigation, if the board determines that facts exist supporting an order for payment, the board may order the landscape contracting business to pay the claim. A party to the claim may request a hearing on the order issued by the board.

(2)

Subject to subsection (5) of this section, if the resolution of the claim requires a hearing, the board may require that the hearing be conducted as a binding arbitration under rules adopted by the board under subsection (4) of this section.

(3)

The board may use arbitration, mediation or other forms of dispute resolution to resolve a landscaping dispute between any parties who agree to follow the rules of the board, including parties to a dispute that is not a claim described in ORS 671.695 (Types of claims).

(4)

Except as provided in this subsection, rules adopted by the board to regulate arbitration under subsections (2) and (3) of this section must substantially conform with the provisions of ORS 36.600 (Definitions), 36.610 (Effect of agreement to arbitrate) to 36.630 (Provisional remedies), 36.635 (Initiation of arbitration) (2), 36.640 (Consolidation of separate arbitration proceedings), 36.645 (Appointment of arbitrator) (2), 36.650 (Disclosure by arbitrator) to 36.680 (Judicial enforcement of preaward ruling by arbitrator), 36.685 (Award) (1) and 36.690 (Change of award by arbitrator) to 36.740 (Relationship to electronic signatures in Global and National Commerce Act). The rules may:

(a)

Require that a hearing under ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.470 (Orders in contested cases) be conducted for issues for which a petition could be filed under ORS 36.615 (Application for judicial relief), 36.620 (Validity of agreement to arbitrate), 36.625 (Petition to compel or stay arbitration) and 36.640 (Consolidation of separate arbitration proceedings);

(b)

Limit orders and awards made by the arbitrator as necessary to comply with ORS 671.510 (Short title) to 671.760 (Business income tax);

(c)

Require that a request that an arbitrator modify or correct an award under ORS 36.690 (Change of award by arbitrator) be submitted in a form specified by the rule;

(d)

Require that a petition under ORS 36.705 (Vacating award) (2) or 36.710 (Modification or correction of award) (1) be filed in a shorter period of time than provided by ORS 36.705 (Vacating award) and 36.760; and

(e)

Include any other provision necessary to conform the arbitration to ORS 671.510 (Short title) to 671.760 (Business income tax).

(5)

A party to a claim that is subject to a board order of binding arbitration under subsection (2) of this section may avoid the arbitration if the party requests to have the claim resolved through a contested case hearing or files a complaint in a court. A party making a request or filing a complaint under this subsection is subject to the following provisions:

(a)

If the party requests to have a claim resolved through a contested case hearing, the party must, within the time specified in paragraph (c) of this subsection, deliver the request in writing to the board and to all parties entitled by board rule to receive a copy of the request.

(b)

If the party files a complaint in a court, the party must, within the time specified in paragraph (c) of this subsection, deliver a copy of the complaint to the board and to all parties entitled by the board rule to receive a copy of the complaint. If the party filing the complaint is the claimant, the claimant must allege all elements of the claim in the complaint. If the complaint is filed by the licensed landscape contracting business against whom a claim is alleged, the complaint may be a complaint for damages, a complaint for declaratory judgment or other complaint that allows the claimant to file a response alleging the elements of the claim. The claimant has the burden of proving the elements of the claim in any action described in this paragraph.

(c)

A party that is subject to paragraph (a) or (b) of this subsection must deliver a request or complaint to the board as described in paragraphs (a) and (b) of this subsection no later than the 30th day after the board sends notice that an arbitration hearing has been scheduled. Failure to timely deliver a request or complaint under this paragraph constitutes consent to the binding arbitration.

(d)

If a party makes a timely request under paragraph (a) of this subsection for a contested case hearing and another party timely files a complaint in compliance with paragraph (b) of this subsection, the filing of the complaint supersedes the request for a contested case hearing.

(e)

A party may not withdraw a request made in compliance with paragraph (a) of this subsection unless all parties agree to the withdrawal.

(f)

The provisions of paragraph (b) of this subsection are in addition to any other requirements imposed by law regarding the filing of a complaint.

(6)

An arbitration conducted under subsection (2) or (3) of this section must be held before an administrative law judge acting as arbitrator. The administrative law judge assigned to act as arbitrator of the case on behalf of the board must be from the Office of Administrative Hearings established under ORS 183.605 (Office of Administrative Hearings). The assignment of an administrative law judge to act as arbitrator is subject to a request for a different arbitrator under ORS 183.645 (Request for change of administrative law judge) or a rule adopted pursuant to ORS 183.645 (Request for change of administrative law judge).

(7)

If a party to a claim described in ORS 671.695 (Types of claims) requests a contested case hearing, the board shall schedule the hearing. If a party files a court action to determine the matter described in the claim, the board shall suspend further processing of the claim until the action is resolved by an appropriate court.

(8)

If the matter described in a claim is submitted for determination by a court, the board may require that the claimant provide status reports on the pending action. The board may dismiss or close a claim described in ORS 671.695 (Types of claims) as established by rule of the board if the claimant fails to submit status reports on a pending action.

(9)

If a final order or arbitration award is issued under this section and the landscape contracting business does not pay the claim on or before the 30th day after receiving the order, the board shall order the claim paid out of the bond, letter of credit or deposit filed under ORS 671.690 (Surety bond, letter of credit or other security).

(10)

The board may dismiss or close a claim as established by rule of the board if:

(a)

The claimant does not permit the person against whom the claim is filed to be present at any on-site investigation made by the board; or

(b)

The board determines that the person against whom the claim is filed is capable of complying with recommendations made by the board relative to the claim, but the claimant does not permit the person to comply with the recommendations. The board may dismiss or close a claim under this paragraph only if the person was licensed at the time the work was first performed and is licensed at the time the board makes its recommendations.

(11)

The board may suspend processing a claim if the board determines that the nature or complexity of the claim is such that a court is the appropriate forum for the adjudication of the claim. [1979 c.840 §8; 1983 c.452 §17; 1987 c.461 §4; 1989 c.153 §1; 1991 c.533 §2; 1995 c.645 §4; 2001 c.198 §§3,4; 2003 c.75 §56; 2003 c.598 §§48,49; 2007 c.149 §7; 2007 c.541 §37a]

Source: Section 671.703 — Investigation of claim; resolution processes; dismissal of claim; 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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