71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 2194
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor John A. Kitzhaber,
M.D., for State Landscape Contractors Board)
CHAPTER ................
AN ACT
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;
(c) Has performed defective work;
(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terminated, canceled or reduced or withdrawn; or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.
Enrolled House Bill 2194 (HB 2194-A) Page 1
(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;
(C) One corporation; or
(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
Enrolled House Bill 2194 (HB 2194-A) Page 2
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;
(c) Suspension of license for six months for a third offense;
and
(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. + }
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Passed by House February 12, 2001
Repassed by House April 2, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate March 29, 2001
...........................................................
President of Senate
Enrolled House Bill 2194 (HB 2194-A) Page 3
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 2194 (HB 2194-A) Page 4