OAR 808-003-0018
Supervisory Responsibilities; Employment

(1)

The licensed landscape construction professional who holds part or the complete phase basis of the landscape contracting business license must perform the following supervisory services:

(a)

Review and initial the landscape plan and/or written contract for each job;

(b)

Attend all on-site meetings and appear at any hearings that are a consequence of any claims filed against the landscape contracting business that relate to the landscape construction professional’s phase of license; and

(c)

Directly supervise all non-licensed employees employed by the landscape contracting business as defined in OAR 808-002-0328 (Direct Supervision). For the purpose of verification of direct supervision of an unlicensed employee as required by ORS 671.540 (Application of ORS 671.510 to 671.760)(1)(q) or (r), the communication requirement of direct supervision will be considered met if the licensed landscape construction professional communicates with the Landscape Contractors Board investigator who requested the unlicensed employee to contact the supervising landscape construction professional before midnight of the same day of the request.

(2)

A landscape contracting business must:

(a)

Require a licensed landscape construction professional to directly supervise the unlicensed employees of the landscape contracting business who are performing work that corresponds to the landscape construction professional’s phase of license; and

(b)

Have the landscape construction professional who is responsible for supervision as required in subsection (a) of this section on the payroll each hour receiving at least minimum wage or meeting the salary test for salaried exempt employees during the time the landscape contracting business is engaged in landscaping work that corresponds to this landscape construction professional’s phase of license except when the landscape construction professional is not considered a subject worker under ORS 656.027 (Who are subject workers).

(c)

Submit a Verification form when a new landscape construction professional becomes part or the complete basis of the landscape contracting business license.

(3)

Upon application for a landscape contracting business license, and at any other time the board requests, a landscape contracting business must submit a completed, signed and notarized Verification form (provided by the board) for every licensed landscape construction professional for whom the landscape contracting business has not previously submitted this Verification form and who is supervising landscaping work for the landscape contracting business;.

(4)

The Verification form verifies that the licensed landscape construction professional:

(a)

Is a paid employee of the landscape contracting business and is on the payroll each hour receiving at least minimum wage or meets the salary test for salaried, exempt employees or is an owner of the business as defined in OAR 808-002-0734 (Owner) during the time the business is performing landscape work related to the landscape construction professional’s phase of license;

(b)

Will directly supervise work based on the landscape construction professional’s phase of license;

(c)

Will attend on site meetings and appear at any hearings that are a consequence of any claims filed against the landscape contracting business that relate to the landscape construction professional’s phase of license; and

(d)

Understands the requirement to notify the board within ten calendar days after termination of employment from the landscape contracting business as required by OAR 808-003-0125 (Notification of Change of Address, Employment, Partners or Owners or Ownership Interest)(4).

Source: Rule 808-003-0018 — Supervisory Responsibilities; Employment, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=808-003-0018.

808‑003‑0010
Written Advertising 808‑003‑0015
Application for Landscape Contracting Business and Landscape Construction Professional License 808‑003‑0018
Supervisory Responsibilities 808‑003‑0020
Business Names 808‑003‑0025
Alternative Experience 808‑003‑0030
Expiration of Application 808‑003‑0035
License Categories 808‑003‑0040
Scope of License and Subcontracting 808‑003‑0045
Change to Limited Licenses 808‑003‑0070
Exam Failure and Retake 808‑003‑0090
Employer Status 808‑003‑0095
Liability Insurance 808‑003‑0100
Licenses 808‑003‑0112
Social Security Number 808‑003‑0125
Notification of Change of Address, Employment, Partners or Owners or Ownership Interest 808‑003‑0126
Permits and Other Requirements for Work Performed by a Landscape Contracting Business 808‑003‑0130
Fees 808‑003‑0135
Date of Issue/Expiration 808‑003‑0210
Value of Landscaping Work Performed by a Residential General Contractor 808‑003‑0220
Voluntary Surrender/Resignation of License 808‑003‑0225
Terms of Probation 808‑003‑0230
Renewal of Landscaping Contracting Business and Landscape Construction Professional License 808‑003‑0231
Restoration of a License that has not been Permanently Revoked 808‑003‑0234
Inactive Military Status 808‑003‑0235
Inactive Status Generally 808‑003‑0240
Inactive Status Request at Renewal 808‑003‑0245
Inactive Status Request Other than at Renewal 808‑003‑0250
Renewal of Inactive Status 808‑003‑0255
Converting from Inactive to Active Status 808‑003‑0260
Independent Contractor 808‑003‑0265
Temporary Authorization for Military Spouse 808‑003‑0440
Notification of Conviction of a Crime 808‑003‑0450
License Fitness Standards 808‑003‑0500
Application for modified license 808‑003‑0501
Scope of work for modified license 808‑003‑0502
Modified license requirements 808‑003‑0503
Change of license category for modified license 808‑003‑0510
Application for arborist phase of license 808‑003‑0511
Scope of work for arborist phase of license 808‑003‑0512
Arborist license requirements 808‑003‑0610
Bonds, Generally 808‑003‑0611
Letters of Credit or Deposits, Generally 808‑003‑0612
Entity Name Required on Bond, Letter of Credit or Cash Deposit 808‑003‑0613
Bond, Letter of Credit or Cash Deposit Amounts 808‑003‑0614
Effective and Cancellation Dates of the Bond, Letter of Credit or Cash Deposit 808‑003‑0615
New Bond, Letter of Credit or Cash Deposit Required for Change in Entity 808‑003‑0616
Restoration of Bond, Letter of Credit or Cash Deposit after Payment on Claim 808‑003‑0620
Workers’ Compensation Insurance 808‑003‑0700
Applications, Generally 808‑003‑0710
Fees 808‑003‑0720
Change to Limited Licenses, Generally 808‑003‑0730
Passing Scores, Probationary and Owner, Managing Employee 808‑003‑0740
Translation of Exam 808‑003‑0750
Combination of Written Exam Sections and Practical Skills Modules and Written Modules 808‑003‑0760
Required Identification at Examination Sites 808‑003‑0800
Written Examination Sections 808‑003‑0810
Written Examination Testing Requirements 808‑003‑0820
Scoring of Written Examinations 808‑003‑0830
Written Examination Retakes 808‑003‑0840
Appeal of Written Exam Results 808‑003‑0850
Cheating on the Exam 808‑003‑0900
Practical Skills Testing, Generally 808‑003‑0910
Registration for the Practical Skills Test 808‑003‑0920
Practical Skills Test Modules 808‑003‑0930
Scoring of Practical Skills Test Modules 808‑003‑0940
Practical Skills Test Retakes 808‑003‑0950
Cheating on Any Portion of the Practical Skills Test 808‑003‑0960
Transfer and Conversion of Exam Scores 808‑003‑0970
Appeal of Practical Skills Test Results 808‑003‑0980
Business Practices Class Requirement 808‑003‑0985
Business Practices Class 808‑003‑0990
Requirements of Provider of Business Practices Class 808‑003‑0995
Business Practices Class Material and Subjects
Last Updated

Jun. 8, 2021

Rule 808-003-0018’s source at or​.us