Chapter 108 Oregon Laws 2001

AN ACT

HB 2194

Relating to landscape contractor discipline; amending ORS 671.610, 671.613 and 671.720; and repealing ORS 671.628.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 671.610 is amended to read:

671.610. (1) In addition to any civil penalty assessed under ORS 671.720, the State Landscape Contractors Board may suspend, revoke or refuse to issue or renew the license of any person [who] that:

(a) Has obtained or attempted to obtain a license under ORS 671.510 to 671.710 by fraud or material misrepresentation;

(b) Has made a material misrepresentation about the quality of any material or service the person provides;

(d) Has furnished defective materials;

(e) Has made misleading statements when advertising services or materials;

(f) Has violated a provision of ORS 671.510 to 671.710;

(g) Has had the bond or deposit required by ORS 671.690 terminated, canceled or reduced or withdrawn; or

(h) Has violated a voluntary compliance agreement entered into under ORS 646.605 to 646.652.

[(2) The board may suspend or refuse to license any corporation, partnership or individual if any individual who is an owner or officer of the business is or was the owner or officer of a business that:]

(2) The board may suspend the license of or refuse to license a person if the person, or the owner or holder of a direct or indirect interest in the person:

(a) Owes any amount pursuant to a final order or arbitration award of the board; [or]

(b) Owes any amount pursuant to a court order or civil penalty arising from landscaping or construction business activities in this or any other state of the United States [.];

(c) Owes any amount to a surety company that has paid money from the surety bond of a landscaping business; or

(d) Has had a license to operate as a landscaping business revoked by the landscape contractor licensing agency of any state.

(3) The board shall adopt rules defining the ownership or holding of a direct or indirect interest for purposes of subsection (2) of this section.

(4) The board may hold the suspension or refusal of a license under subsection (2) of this section in abeyance if the person is adhering to a board-approved plan for restitution of the amount owed.

[(3)] (5) [A person] An individual who has been a sole proprietor, partner, limited liability company member, limited liability partnership member or corporate officer of a landscaping business the license of which has been suspended or revoked may be denied a license if the [person] individual knowingly participated in the conduct that led to the suspension or revocation.

[(4)] (6) A person whose license is revoked or not renewed pursuant to this section [shall] is not [be] eligible to apply for a license under ORS 671.510 to 671.710 until two years after the effective date of the revocation or of the nonrenewal.

[(5)] (7) In addition to the remedies of license denial, suspension, revocation or refusal to renew a license, when it appears to the board that a person has engaged in, or is engaging in, any act, practice or transaction [which] that violates the provisions of this chapter, the board may direct the Attorney General to apply to the court for an injunction restraining the person from violating the provisions of this chapter.

[(6)(a)] (8)(a) The board may suspend, revoke or refuse to reissue a license to a landscape contractor if the board determines, after notice and opportunity for a hearing, that the contractor was working with another landscape contractor or landscape contractors on the same task and work site where one of the contractors is registered exempt under ORS 671.525 (2)(b) and the total number of landscape contractors working on the task exceeded:

(A) Two sole proprietors;

(B) One partnership;

(D) One limited liability company.

(b) The board may assess a civil penalty as provided under ORS 671.720 (4) for a violation of paragraph (a) of this subsection.

SECTION 2. ORS 671.613 is amended to read:

671.613. (1) The failure of a landscaping business to comply with the provisions of this section [,] and ORS 279.348 to 279.363, 656.021, 657.665, 670.600, 671.520, 671.525, 671.530 and 671.575 or to be in conformance with the provisions of ORS chapter 279, 316, 571, 656 or 657 is a basis for suspension of the landscaping business license, revocation of the landscaping business license, refusal to issue or reissue a landscaping business license, assessment of a civil penalty as set forth in ORS 671.720 or a combination of these sanctions.

(2) Any action against a landscaping business under this section shall be conducted in conformance with the provisions of ORS 183.413 to 183.497.

SECTION 3. ORS 671.720 is amended to read:

671.720. (1) Except as provided in subsection (4) of this section, any person who violates any provision of ORS 671.510 to 671.710 or any rule adopted thereunder shall forfeit and pay into the General Fund of the State Treasury a civil penalty in an amount determined by the State Landscape Contractors Board of not more than $2,000 for each offense. The board may retain 20 percent of the [funds] moneys collected under this section. The retained moneys are [which shall be] continuously appropriated for the board’s costs of collection of civil penalties.

(2) Civil penalties under this section shall be imposed as provided in ORS 183.090.

(3) The provisions of this section are in addition to and not in lieu of any other penalty or sanction provided by law.

(4) Penalties shall be imposed for violation of ORS 671.610 [(6)] (8) on both the person to whom the contract is awarded and the person who awards the contract as follows:

(a) A fine not less than $500 nor more than $1,000 for the first offense;

(b) A fine not less than $1,000 nor more than $2,000 for the second offense;

(d) Revocation of license for three years for a fourth offense.

(5) The board shall provide by rule a process and criteria that must be met for restoration of a license that has been revoked.

(6) If at any time following restoration of the license of a person who has violated ORS 671.610 [(6)] (8), the person is again found to have violated ORS 671.610 [(6)] (8), the person’s license shall be permanently revoked.

SECTION 4. ORS 671.628 is repealed.

Approved by the Governor April 23, 2001

Filed in the office of Secretary of State April 23, 2001

Effective date January 1, 2002

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