Chapter 950 Oregon Laws 2001
AN ACT
HB 2196
Relating to landscape
architects; creating new provisions; amending ORS 192.660, 671.310, 671.312,
671.345, 671.376, 671.395, 671.404, 671.412, 671.425, 671.435, 671.445 and
671.459; and repealing ORS 671.315 and 671.454.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
Sections 2 to 9 of this 2001 Act are
added to and made a part of ORS 671.310 to 671.459.
SECTION 2.
(1) Except as provided in this section, unless an individual is registered as a
landscape architect by the State Landscape Architect Board, the individual may
not engage in the practice of landscape architecture. Unless an individual is
registered as a landscape architect by the board, the individual may not use
the title of “landscape architect,” “registered landscape architect” or
“landscape architectural designer” or use other titles or any words, letters,
figures, signs, cards, advertisements, symbols or other devices to represent
that the individual or a business associated with the individual is authorized
to practice landscape architecture.
(2) A person may not
knowingly aid or abet an individual who is not registered as required under
this section in the practice of landscape architecture.
(3) Notwithstanding
subsections (1) and (2) of this section, the board may register a person as a
landscape architect in training if the person meets the education and
experience standards established by board rule and passes a board approved
examination. The board shall adopt rules establishing fees and specifying the
qualifications, duties, functions and powers of a landscape architect in
training.
SECTION 3.
A business may not provide landscape
architecture services unless the work is under the full authority and
responsible charge of a registered landscape architect who is also an owner or
officer of the business. A business shall file a form with the State Landscape
Architect Board identifying responsible landscape architects by name and
registration number. The filing must also describe the services that the
business is offering to the public. The filing must be in a form prescribed by
the board. The business shall notify the board in writing no later than 30 days
after a change of registered owners or officers or a change of business name or
address.
SECTION 4.
(1) A registered landscape architect
shall obtain a stamp of a design authorized by the State Landscape Architect
Board. The stamp must bear the name, registration date and registration
certificate number of the landscape architect and the legend “registered
landscape architect.”
(2) A registered
landscape architect shall stamp and sign all final drafts of professional
documents that the landscape architect issues for obtaining permits, obtaining
approvals by agencies other than the board or fulfilling contractual
obligations, including maps, plans, designs, contract documents and reports.
(3) The signature and
stamp of a registered landscape architect constitute certification that the
document was prepared by the landscape architect or under the supervision and
control of the landscape architect.
SECTION 5.
(1) ORS 671.310 to 671.459 do not
restrict or otherwise affect the right of any person to:
(a) Practice
architecture under ORS 671.010 to 671.220;
(b) Practice engineering
under ORS 672.002 to 672.325;
(c) Engage in the
occupation of growing and marketing nursery stock, or use the title
“nurseryman” or “landscape nurseryman”;
(d) Operate as a
landscape contractor or landscaping business under ORS 671.510 to 671.710 or
use the title “landscape contractor”;
(e) Perform work
described under ORS 671.540;
(f) Engage in making
plans or drawings for the selection, placement or use of plants or other site
features unless the plans or drawings are for the purpose of providing
construction details and specifications not otherwise exempted;
(g) Use the title
“landscape designer” in connection with activities described under paragraph
(f) of this subsection;
(h) Make any plans,
drawings or specifications for property owned by that person; or
(i) Provide
recommendations or written specifications for soil amendments or planting
mediums if the recommendations or specifications are solely for purposes of
plant installation and do not significantly alter the stability of the soil profile
or surface drainage patterns.
(2) The scope of
services described in ORS 671.310 (5) and (6) does not preclude a registered
landscape architect from:
(a) Planning the
development of land areas and elements used on land areas; or
(b) Performing services
described in ORS 671.310 (5) and (6) in connection with the settings,
approaches or environment for buildings, structures or facilities in accordance
with legally established standards for public health, safety and welfare.
(3) ORS 671.310 to 671.459
do not apply to:
(a) The preparation of
detailed or shop drawings that a construction contractor is required to furnish
or the administration of construction contracts by a person customarily engaged
in contracting work.
(b) The preparation of
technical submissions or the administration of construction contracts by
employees of a landscape architect or a landscape architecture business when
acting under the direct supervision of a registered landscape architect.
(c) Employees of the
federal government acting within the scope of that employment.
SECTION 6.
(1) Notwithstanding ORS 192.420:
(a) In addition to any
exemption from disclosure provided under ORS 192.501 (4), State Landscape
Architect Board examination materials, file records of examination grading and
performance, transcripts from educational institutions, letters of inquiry, letters
of reference and board inquiry forms, concerning applicants or registrants are
confidential and may not be disclosed except as provided in paragraph (b) or
(c) of this subsection.
(b) Investigatory
information developed or obtained by the board is confidential and not subject
to disclosure by the board unless a notice is issued for a contested case
hearing or the matter investigated is finally resolved by board action or a
consent order. The board shall notify the registrant of the investigation. The
public may obtain information confirming that an investigation is being
conducted and describing the general nature of the matter being investigated.
(c) The board may
appoint an advisory committee to conduct an investigation described under
paragraph (b) of this subsection on behalf of the board. Investigatory
information developed or obtained by an advisory committee is confidential
unless a notice is issued for a contested case hearing or the matter
investigated is finally resolved by board action or a consent order. The board
may discuss in open session matters that are being reviewed by an advisory
committee, but may not disclose confidential information into the public
record.
(2) Notwithstanding any
confidentiality established under subsection (1) of this section, if the board
or an advisory committee meets in executive session to discuss an
investigation, the board or committee may permit other public officials and
members of the press to attend the executive session. Notwithstanding ORS
192.610 to 192.690, the public officials and members of the press attending the
executive session may not disclose information discussed by the board or
committee during the session until the information ceases to be confidential
under subsection (1) of this section.
SECTION 7.
A person that reports or supplies
information in good faith to the State Landscape Architect Board or to an
advisory committee assisting the board is immune from an action for civil
damages as a result thereof. The board or committee shall not disclose the name
of a person requesting confidentiality unless the testimony of the person is
required as part of a board disciplinary proceeding.
SECTION 8.
A person who violates any provision of
ORS 671.310 to 671.459, or any rule of the State Landscape Architect Board
adopted thereunder, is guilty of a misdemeanor. Subject to ORS 161.655, a court
may impose on the person a fine of not less than $250 or more than $5,000, a
term of imprisonment of not more than six months, or both.
SECTION 9.
In addition to any civil penalty imposed
by the State Landscape Architect Board or any fine or term of imprisonment
imposed by a court, except as otherwise provided in ORS 671.404, the board may
impose one or more of the following sanctions against a person violating ORS
671.310 to 671.459:
(1) Revocation of a
certificate of registration.
(2) Suspension of a
certificate of registration for not more than three years.
(3) Restriction of the
scope of a registrant's practice.
(4) Imposition of peer
review.
(5) Imposition of
specific or additional professional education requirements.
(6) Imposition of
probationary registration status and restrictions, including but not limited to
requirements designed to protect the public health, safety and welfare and
restitution payments to clients or other persons suffering economic loss due to
the violation.
(7) Issuance of a
written reprimand.
SECTION 10.
ORS 192.660 is amended to read:
192.660. (1) Nothing contained in ORS 192.610 to 192.690
shall be construed to prevent the governing body of a public body from holding
executive session during a regular, special or emergency meeting, after the
presiding officer has identified the authorization under ORS 192.610 to 192.690
for the holding of such executive session. Executive session may be held:
(a) To consider the employment of a public officer,
employee, staff member or individual agent. The exception contained in this
paragraph does not apply to:
(A) The filling of a vacancy in an elective office.
(B) The filling of a vacancy on any public committee,
commission or other advisory group.
(C) The consideration of general employment policies.
(D) The employment of the chief executive officer, other
public officers, employees and staff members of any public body unless the
vacancy in that office has been advertised, regularized procedures for hiring
have been adopted by the public body and there has been opportunity for public
input into the employment of such an officer. However, the standards, criteria
and policy directives to be used in hiring chief executive officers shall be
adopted by the governing body in meetings open to the public in which there has
been opportunity for public comment.
(b) To consider the dismissal or disciplining of, or to
hear complaints or charges brought against, a public officer, employee, staff
member or individual agent, unless such public officer, employee, staff member
or individual agent requests an open hearing.
(c) To consider matters pertaining to the function of the
medical staff of a public hospital licensed pursuant to ORS 441.015 to 441.063,
441.085, 441.087 and 441.990 (3) including, but not limited to, all clinical
committees, executive, credentials, utilization review, peer review committees
and all other matters relating to medical competency in the hospital.
(d) To conduct deliberations with persons designated by the
governing body to carry on labor negotiations.
(e) To conduct deliberations with persons designated by the
governing body to negotiate real property transactions.
(f) To consider records that are exempt by law from public
inspection.
(g) To consider preliminary negotiations involving matters
of trade or commerce in which the governing body is in competition with
governing bodies in other states or nations.
(h) To consult with counsel concerning the legal rights and
duties of a public body with regard to current litigation or litigation likely
to be filed.
(i) To review and evaluate, pursuant to standards, criteria
and policy directives adopted by the governing body, the employment-related
performance of the chief executive officer of any public body, a public
officer, employee or staff member unless the person whose performance is being
reviewed and evaluated requests an open hearing. The standards, criteria and
policy directives to be used in evaluating chief executive officers shall be
adopted by the governing body in meetings open to the public in which there has
been opportunity for public comment. An executive session for purposes of
evaluating a chief executive officer or other officer, employee or staff member
shall not include a general evaluation of an agency goal, objective or
operation or any directive to personnel concerning agency goals, objectives,
operations or programs.
(j) To carry on negotiations under ORS chapter 293 with
private persons or businesses regarding proposed acquisition, exchange or
liquidation of public investments.
(k) By a health professional regulatory board to consider
information obtained as part of an investigation of licensee or applicant
conduct. Notwithstanding paragraph (b) or (c) of this subsection, subsection
(5) of this section or ORS 192.650, the public disclosure of minutes, transcripts
or recordings relating to the substance and disposition of the matter
investigated are governed by ORS 676.175.
(L) By the State
Landscape Architect Board, or an advisory committee to the board, to consider
information obtained as part of an investigation of registrant or applicant
conduct. Notwithstanding subsection (5) of this section or ORS 192.650, the
public disclosure of minutes, transcripts or recordings relating to the
substance and disposition of the matter investigated is governed by section 6
of this 2001 Act.
(2) Labor negotiations shall be conducted in open meetings
unless both sides of the negotiators request that negotiations be conducted in
executive session. Labor negotiations conducted in executive session are not
subject to the notification requirements of ORS 192.640.
(3) Representatives of the news media shall be allowed to
attend executive sessions other than those held under subsection (1)(d) of this
section relating to labor negotiations or executive session held pursuant to
ORS 332.061 (2) but the governing body may require that specified information
subject of the executive session be undisclosed.
(4) When a governing body convenes an executive session
under subsection (1)(h) of this section relating to conferring with counsel on
current litigation or litigation likely to be filed, the governing body shall
bar any member of the news media from attending the executive session if the
member of the news media is a party to the litigation or is an employee, agent
or contractor of a news media organization that is a party to the litigation.
(5) No executive session may be held for the purpose of
taking any final action or making any final decision.
SECTION 11.
ORS 671.310 is amended to read:
671.310. As used in ORS 671.310 to 671.459, unless the
context requires otherwise:
(1) “Board” means the State Landscape Architect Board.
(2) “Design” means layout,
form and establishment of grades and
tangible site features for [the
purpose and] services described in subsection
(5) of this section.
(3) “Landscape
architect” means an individual who engages in the practice of landscape
architecture.
(4) “Landscape architect
in training” means a person registered as a landscape architect in training
under section 2 (3) of this 2001 Act.
[(3)] (5) “Landscape architecture” or the
“practice of landscape architecture” means the performance of, or offer to perform, professional
services [such as consultation,
investigation, reconnaissance, research, design, preparation of drawings and
specifications and responsible supervision where] that have the dominant purpose of [the services is:] landscape
preservation, development and enhancement, including but not limited to
reconnaissance, research, planning, landscape and site design, the preparation
of related drawings, construction documents and specifications and responsible
construction observation. “Landscape architecture” or the “practice of
landscape architecture” includes the location, arrangement and design of
tangible objects and features that are incidental and necessary for landscape
preservation, development and enhancement.
(6) “Landscape
preservation, development and enhancement” means:
(a) The preservation and aesthetic and functional enhancement of land uses and natural land
features;
(b) The location and construction of aesthetically pleasing
and functional systems, approaches and settings for structures, roadways
and walkways or other improvements for natural drainage and erosion control; [or]
(c) Design for [equestrian]
trails, pedestrian systems, plantings,
[landscape] irrigation, [landscape] site lighting, [and landscape] grading and drainage and other site features;
(d) Investigation,
selection and allocation of land and water resources for appropriate uses;
(e) Feasibility studies;
(f) Formulation of
graphic and written criteria to govern the planning and design of land
conservation programs;
(g) Preparation, review
and analysis of master plans for land use and development;
(h) Production of
overall site plans, plans for grading, drainage, irrigation and planting, and
related construction details;
(i) Development
specifications, cost estimates and reports;
(j) Collaboration in the
design of roads, bridges and structures with respect to the functional and
aesthetic requirements of the areas where the roads, bridges and structures are
to be placed;
(k) Negotiation and
arrangement for execution of land area projects; and
(L) Field observation of
land area construction, restoration and maintenance.
[(4)] (7) “Registered landscape architect”
means a person registered as a landscape architect under ORS 671.310 to
671.459.
(8) “Site features”
means constructed surfaces, steps, retaining walls, fences, arbors, trellises,
benches, decks, fountains, ponds, waterways, pools or other physical elements
constructed or proposed for construction in the landscape.
SECTION 12.
ORS 671.312 is amended to read:
671.312. ORS 671.310 to 671.459 is enacted in order to
introduce qualifying criteria in the professional practice of landscape architecture.
This action is necessary to safeguard public
health, safety, welfare and property and to eliminate unnecessary loss and
waste in this state. These safeguards are in the practice of landscape
architecture as it relates to engineering, architecture, ground water, land use
planning, landscape hazards, the further development of the practice of
landscape architecture and the landscape architectural concerns of the people
of this state.
SECTION 13.
ORS 671.345 is amended to read:
671.345. (1) The State Landscape Architect Board may
register as a landscape architect, without examination, any individual who
applies for such registration under ORS 671.325, and:
(a) On the date of making application is a landscape
architect licensed or registered under the laws of any other state or territory
of the United States, if the requirements for the licensing or registration of
landscape architects in the state or territory in which the applicant is
licensed or registered on the date of licensing or registration in such state
or territory were substantially equal to the requirements for the registration
of landscape architects in this state on the date of the application; or
(b) [Has passed a
national examination] Within the five years immediately preceding
application has passed a national
examination acceptable to the board.
(2) Each applicant under this section shall pay at the time
of filing the application an original registration fee for registration of an
out-of-state landscape architect as provided in ORS 671.365.
SECTION 14.
ORS 671.376 is amended to read:
671.376. (1) Each registrant who desires to continue as a
landscape architect or landscape
architect in training in this state shall annually pay to the State
Landscape Architect Board on or before the renewal date of October 31 the fee
for renewal of registration required under ORS 671.365 (5). Upon payment the
board administrator shall issue to the registrant a certificate of renewal of
registration for a period of one year.
(2) If a registrant fails to have a certificate renewed on
or before October 31, the registrant shall be deemed delinquent. However, the
registrant may renew the certificate not later than November 30, with a late
fee, upon payment of the renewal fee, or after November 30, upon payment of the
renewal fee plus a late fee in an amount to be prescribed by the board by rule.
(3) Any person who fails to pay the renewal fee and any
late fee for a period of 60 days, forfeits the right to be a registered
landscape architect or landscape
architect in training and may be reinstated as a landscape architect or landscape architect in training only
upon passing examinations required by the board and by paying any required
examination fees, renewal fees and late fees.
(4) The board may grant [a suspension] inactive
status to any registered landscape architect who gives up the practice of
landscape architecture as defined in ORS 671.310 and while in good standing
makes [such] a request in writing to the board. The [suspended] inactive
landscape architect may resume [the]
practice within five years upon payment of the annual fees for the renewal of
registration for the current year. If the [suspended] inactive landscape architect fails to
renew the registration within five years, the [suspended] inactive
landscape architect may [be reinstated] resume practice only upon passing
examinations required by the board and by paying any required examination fees,
renewal fees and late fees.
SECTION 15.
ORS 671.395 is amended to read:
671.395. (1) The State Landscape Architect Board may
establish or approve programs of continuing education that contribute to the
competency of landscape architects. The board may charge a fee for programs of
continuing education it establishes.
(2) The board may
require completion of a program of continuing
education established or approved under this section [is not required] as a
condition for the issuance or renewal of registration as a landscape architect under ORS 671.310 to 671.459.
SECTION 16.
ORS 671.404 is amended to read:
671.404. Subject to ORS 183.310 to 183.550, the State
Landscape Architect Board may refuse to register any applicant, may refuse to
renew the registration of any registered landscape architect or landscape architect in training, or
may suspend for a period not exceeding one year or revoke the registration of
any registered landscape architect or
landscape architect in training if the board finds that the applicant or
registrant is a person who:
(1) Has [obtained or
attempted] used dishonesty, fraud or
deceit in obtaining or attempting to obtain registration under ORS 671.310
to 671.459 [by fraud or material misrepresentation.], including but not limited to dishonesty, fraud or deceit in applying
for registration, applying to sit for an examination or passing an examination.
(2) Is impersonating or has attempted to impersonate a
registered landscape architect or a former registered landscape architect, or
is practicing under an assumed or fictitious name.
(3) Is found by the board to have used dishonesty, fraud or deceit or to have been [grossly] negligent, in
the practice of landscape architecture.
(4) Has affixed the person's signature to plans, reports or
other professional documents that have not been prepared by the person or under
the person's immediate and responsible direction or has permitted the use of
the person's name for the purpose of assisting any individual, not a registered
landscape architect, to evade the provisions of ORS 671.310 to 671.459.
(5) Has been found to have violated ethical or professional
standards by a court or administrative body in another state for committing or
omitting acts [which] that, if committed or omitted in this
state, would be a violation of ethical or professional standards established
pursuant to [this chapter] ORS 671.310 to 671.459. A certified
copy of the record of suspension or revocation of the state making [such] the suspension or revocation is conclusive evidence thereof.
(6) Has willfully
evaded or attempted to evade a local or state law, ordinance, code or rule,
governing the construction of landscapes or other site features.
SECTION 17.
ORS 671.412 is amended to read:
671.412. (1) [When] The state or [any] a political
subdivision [therein contracts] may contract for landscape [architectural] architecture service projects[,
the contracts shall be] only
with registered landscape architects, as defined in ORS 671.310.
(2) Drawings, plans,
specifications, estimates and construction observation for public works of the
state or a political subdivision that require landscape architecture services
must be prepared by, or under the direct supervision of, a landscape architect
registered in an appropriate category.
SECTION 18.
ORS 671.425 is amended to read:
671.425. If the State Landscape Architect Board revokes the
registration of a registered landscape architect [for gross negligence in the practice of landscape architecture]
under ORS 671.404, the board may issue registration under ORS 671.310 to
671.459 to the individual whose registration is revoked if the individual:
(1) Files a new application for the registration and passes
an examination given by the board; and
(2) Establishes to the satisfaction of the board that all
loss caused by the [gross negligence] acts for which the license was revoked
has been fully satisfied and that the individual has complied with all
conditions imposed by the decision of revocation.
SECTION 19.
ORS 671.435 is amended to read:
671.435. (1) The
State Landscape Architect Board may impose a civil penalty against any person
who violates any provision of ORS 671.310 to 671.459 or any rule adopted
thereunder. The penalty shall be imposed in the manner provided by ORS 183.090.
The board shall determine the amount of
a civil penalty imposed under this section,
[shall be in an amount determined by the
board of not more than $1,000] not
to exceed $5,000 for each offense. Notwithstanding ORS 670.335, civil
penalties recovered under this section shall be deposited into an account
established by the board as provided under ORS 182.470. Moneys deposited are
appropriated continuously to the board [and
shall be used only] for the administration and enforcement of ORS 182.456
to 182.472 and 671.310 to 671.459. The Attorney General shall bring an action
in the name of the State of Oregon in a court of appropriate jurisdiction to
enforce any civil penalty imposed under this section.
(2) In determining
the amount of a civil penalty imposed under this section, the board may
consider:
(a) The seriousness of
the violation;
(b) The economic benefit
to the violator resulting from the violation;
(c) Whether the violator
has previously committed violations; and
(d) Other factors that
the board finds appropriate.
SECTION 20.
ORS 671.445 is amended to read:
671.445. The State Landscape Architect Board may,[:]
[(1)] upon motion
of the board or upon the verified complaint in writing of any person,
investigate any alleged violation of ORS 671.310 to 671.459. As part of the investigation, the board may
administer oaths, obtain and receive evidence at board proceedings and compel
compliance with board subpoenas, all as provided in ORS 670.315.
[(2) Disregard any
complaint filed more than two years after the act or omission alleged as a
violation of ORS 671.310 to 671.459.]
SECTION 21.
ORS 671.459 is amended to read:
671.459. (1) The State Landscape Architect Board shall
operate as a semi-independent state agency subject to ORS 182.456 to 182.472
for the purpose of carrying out ORS 671.310 to 671.459. The board shall consist
of [five] seven members to be appointed by the Governor. [Three] Four of the members shall be registered landscape architects, [two] three shall be public members, and all shall be residents of this
state. The chair of the board shall be elected by the board from among the
current members.
(2) The term of office of each member is four years, but a
member serves at the pleasure of the Governor. Before the expiration of the
term of a member, the Governor shall appoint a successor whose term begins on
July 1 next following. A member is eligible for reappointment.
SECTION 22.
Notwithstanding ORS 671.459 (2), the
Governor may reduce the initial term of office for persons first appointed to
the two State Landscape Architect Board positions created by the amendments to
ORS 671.459 by section 21 of this 2001 Act to ensure the staggered expiration
of board member terms.
SECTION 23.
(1) ORS 671.315 and 671.454 are
repealed.
(2) Section 22 of this
2001 Act is repealed January 1, 2006.
Approved by the Governor
August 10, 2001
Filed in the office of
Secretary of State August 13, 2001
Effective date January 1,
2002
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