74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 406
A-Engrossed
Senate Bill 63
Ordered by the Senate March 14
Including Senate Amendments March 14
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor Theodore R.
Kulongoski for State Landscape Contractors Board)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
{ - Requires landscape contractors and landscaping businesses
to notify State Landscape Contractors Board of judgments entered,
and arbitration awards or agency final orders issued, against
contractor or business that arise out of performance of, or
contract for, landscaping services. - }
{ + Requires applicant for issuance or renewal of landscape
contractor or landscape business license to notify State
Landscape Contractors Board of any unpaid court judgment,
arbitration award or administrative agency final order that
requires applicant to pay damages arising out of performance of,
or contract for, landscaping work. + }
A BILL FOR AN ACT
Relating to landscaping; creating new provisions; and amending
ORS 671.610.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2007 Act is added to and made
a part of ORS 671.510 to 671.710. + }
SECTION 2. { + An applicant for the issuance or renewal of a
landscape contractor license or landscaping business license
shall include in the application to the State Landscape
Contractors Board notice of any unpaid court judgment,
arbitration award or administrative agency final order entered or
issued in any jurisdiction that requires the applicant to pay
damages arising out of the performance of, or a contract for,
landscaping work. The board may adopt rules that require an
applicant to provide additional information regarding a judgment,
arbitration award or agency final order described in this section
and the status of any appeal or exceptions. + }
SECTION 3. { + Section 2 of this 2007 Act applies to judgments
entered, and arbitration awards and final agency orders issued,
on or after the effective date of this 2007 Act. + }
SECTION 4. ORS 671.610 is amended to read:
671.610. (1) In addition to any civil penalty assessed under
ORS 671.997, the State Landscape Contractors Board may suspend,
revoke or refuse to issue or renew the license of a landscape
contractor or landscaping business that does any of the
following:
(a) Obtains or attempts to obtain a license under ORS 671.510
to 671.710 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 to 671.710.
(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.
(h) Fails to maintain public liability, personal injury and
property damage insurance as required by ORS 671.565 throughout a
licensing period.
(i) Violates a voluntary compliance agreement entered into
under ORS 646.605 to 646.652.
(j) 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.
(k) Violates a rule or order of the board.
(L) Refuses to comply with a subpoena issued by the board.
(m) 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.
(n) 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.
(o) Engages in conduct as a landscape contractor or landscaping
business that is dishonest or fraudulent or that the board finds
injurious to the welfare of the public.
(p) Fails to comply with the requirements of ORS 652.120.
(q) Is convicted of a crime under ORS 163.115, 163.185,
163.225, 163.235, 163.355, 163.365, 163.375, 163.385, 163.395,
163.405, 163.408, 163.411, 163.415, 163.425, 163.427, 164.055,
164.075, 164.325 or 164.415, 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.
(2) The board may suspend or refuse to renew the license of a
landscape contractor or landscaping 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 contractor or landscaping 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;
(b) The lack of public liability, personal injury or property
damage insurance required under ORS 671.565;
(c) The hiring of employees while registered as exempt under
ORS 671.525;
(d) Conduct as a landscape contractor or a landscaping business
that is dishonest; { - or - }
(e) Operation of a landscaping business that does not employ at
least one licensed landscape contractor { + ; or
(f) The failure to notify the board of any unpaid court
judgment, arbitration award or administrative agency final order
as required by section 2 of this 2007 Act + }.
(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 to 671.710
until two years after the effective date of the revocation.
(5) The board may suspend, revoke or refuse to reissue the
license of a landscaping business, and may impose a civil
penalty, all as provided under ORS 671.997 (4), if the board
determines, after notice and opportunity for a hearing, that the
landscaping business was working with other landscaping
businesses on the same task and work site where one of the
landscaping businesses is registered as an exempt independent
contractor under ORS 671.525 (2)(b) and the total number of
landscaping businesses working on the task exceeded:
(a) Two sole proprietors;
(b) One partnership;
(c) One corporation; or
(d) One limited liability company.
----------