OAR 808-003-0090
Employer Status

Landscape contracting businesses shall be licensed as either nonexempt (employer with employees) or exempt (no employees) as provided in ORS 671.525 (Applicant for landscape contracting business license required to be independent contractor).

(1)

The nonexempt class is composed of the following entities:

(a)

Sole proprietorships with one or more employees;

(b)

Partnerships or limited liability partnerships with one or more employees;

(c)

Partnerships or limited liability partnerships with more than two partners if any of the partners are not family members as defined in OAR 808-002-0390 (Family Members);

(d)

Joint ventures with one or more employees;

(e)

Joint ventures with more than two joint venturers if any of the joint venturers are not family members as defined in OAR 808-002-0390 (Family Members);

(f)

Limited partnerships with one or more employees;

(g)

Limited partnerships with more than two general partners if any of the general partners are not family members as defined in OAR 808-002-0390 (Family Members);

(h)

Corporations with one or more employees;

(i)

Corporations with more than two corporate officers if any of the corporate officers are not family members;

(j)

Trusts with one or more employees;

(k)

Trusts with more than two trustees if any of the trustees are not family members as defined in OAR 808-002-0390 (Family Members);

(l)

Limited liability companies with one or more employees; or

(m)

Limited liability companies with more than two members if any of the members are not family members as defined in OAR 808-002-0390 (Family Members).

(2)

The exempt class is composed of sole proprietors, partnerships, joint ventures, limited liability partnerships, limited partnerships, corporations, trusts, and limited liability companies that do not qualify as nonexempt.

(3)

An exempt landscape contracting business may work with the assistance of individuals who are employees of a nonexempt landscape contracting business so long as the nonexempt landscape contracting business:

(a)

Is in compliance with ORS Chapters 316, 656, and 657 and is providing the employee(s) with workers’ compensation insurance; and

(b)

Does the payroll and pays all its employees, including those employees who assist an exempt landscape contracting business.

(4)

Non-exempt entities shall supply the following employer account numbers:

(a)

Workers’ Compensation Division 7-digit compliance number or workers’ compensation insurance carrier name and policy or binder number;

(b)

Oregon Employment Department and Oregon Department of Revenue combined business identification number; and

(c)

Internal Revenue Service employer identification number or federal identification number.

(5)

Exempt entities need supply no employer account numbers except as stated below.

(6)

Corporations and limited liability companies qualifying as exempt as provided by ORS 656.027 (Who are subject workers)(10) shall supply Employment Division and Department of Revenue account numbers unless the corporation or limited liability company certifies that corporate officers or members receive no compensation (salary or profit) from the corporation or limited liability company. Exempt corporations shall supply IRS account numbers.

(7)

Out-of-state businesses with no Oregon employees shall supply their home state account numbers, and workers’ compensation account.

(8)

An exempt landscape contracting business must notify the agency in writing within 30 days, register with the Board as “nonexempt” and submit documentation as required in OAR 808-003-0620 (Workers’ Compensation Insurance) when that business hires employees or otherwise no longer qualifies for the exempt status.

Source: Rule 808-003-0090 — Employer Status, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=808-003-0090.

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 808-003-0090’s source at or​.us